Forums: Discussions for entrepreneurs and small business.

You can certainly establish and own a business in the U.S. (Corporation) without having a visa, for so long as you don’t work for it. Since investors usually expect you to do that, you’re faced with a dilemma.

Here is what you can do:

You can establish an entity in Australia and then formally establish a wholly-owned subsidiary in the United States. This subsidiary can either be an LLC or Corporation, which would serve as your gateway to the U.S.. Over time, and assuming that you are employed by the Australian entity, you can apply for an L2 visa, which would enable you to come to the U.S. and work for the US offshoot. I’m not sure though if the L2 is an immigrant visa.

The other alternative is seeking a partner here in the U.S. who is willing to go into business with you. Under this scenario your U.S. partner would need to have/establish a U.S. entity and be willing to sponsor your application for a work permit. He would need to make a case based on the fact that your expertise and experience is vitally important to his business and that the job can’t be done by an American citizen.

Finally, you can forgo these steps and establish a U.S. business yourself and try to operate it remotely. I’m not sure if that’s possible in your case. You may also want to look into applying for visitor’s visa.

If it’s just about being able to access the capital markets in the U.S., there are ways to do that without having to jump through all these hoops.

If you’re interested, please feel free to PM me to discuss this in greater detail.

I hope this helps.



Mark




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Jackson Steiner
http://www.JacksonSteiner.com

Advanced Document Design for entrepreneurs, intermediaries, and the financial services industry.
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very few will sign the NDA - and it is tough to enforce.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

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Business Growth Masters, LLC -
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