If you’re visiting the United States on a tourist or student visa and wondering whether you can start a business, you’re not alone. Many international founders ask if they can register an LLC without a business visa, or what kind of activities are permitted under a B1/B2 or F-1 status.
The short answer? You can form a company, but that doesn’t mean you can work for it.
In this article, we’ll explain the difference between owning and operating a business, what’s allowed under various non-immigrant visas, and what real business visas are available for foreign entrepreneurs.
What Is a Business Visa — and What Isn’t?
The term “business visa” is widely misunderstood. Many assume that any visa that lets you visit for business meetings qualifies. In reality, true business visas allow you to actively work for and manage your business in the U.S.
Examples of actual business visas include:
E-2 Visa: for treaty investors
L-1 Visa: for intracompany transfers
International Entrepreneur Parole (IER): for startup founders with U.S. investment
On the other hand, B1/B2 visas or ESTA only allow you to enter the U.S. for short-term activities like meetings, market research, or signing contracts. They do not allow you to work or run day-to-day operations.
Understanding this distinction is critical to avoid violating the terms of your visa.
Can You Start a Business on a Tourist or Non-Immigrant Visa?
Many entrepreneurs begin forming their company while on a tourist visa. This is legal, as long as you respect the limitations of your status.
What a B1/B2 Visa Allows (and Forbids)
Tourist visas like the B1/B2 are designed for limited business-related activities, not long-term operations. Here’s what you can and can’t do:
Allowed:
Attending meetings or conferences
Negotiating contracts
Exploring investment opportunities
Forming a legal entity (like an LLC)
Not Allowed:
Managing staff
Providing services
Selling products directly
Receiving a salary or compensation
Understanding these limits helps you protect your legal stay in the U.S.
ESTA and Similar Cases
If you entered under the Visa Waiver Program (ESTA), the same B1 restrictions apply. Even short stays can trigger immigration issues if you’re seen as engaging in unauthorized work.
Registering a Company as an F1 Student: Is It Legal?
Yes, you can register a company as an F1 student, but your role must remain passive unless you have specific work authorization.
You can be the legal owner or shareholder.
You cannot work for the business unless you’re on CPT, OPT, or STEM OPT.
Your employment must be directly related to your degree field.
Passive ownership means you can receive dividends or profits, but you can’t perform active tasks like managing operations or sales.
This route can be useful for students who want to lay the groundwork for future ventures, as long as they follow immigration rules.
What You Can Do Without a Work Visa
Just because you can’t work doesn’t mean you can’t be involved. There are legal ways to structure your role while staying compliant:
Own the LLC as a Foreigner
U.S. law allows non-residents to fully own LLCs. There’s no citizenship or green card requirement. This is the most common entry point for foreign entrepreneurs.
Operate Remotely from Abroad
You can manage strategy, finances, and decisions from your home country without entering the U.S. This ensures you’re not engaging in unauthorized employment on U.S. soil.
Appoint a U.S.-Based Manager or Team
Hire someone authorized to work in the U.S. to handle day-to-day operations. This keeps your business running legally even if you’re not physically present.
Open an EIN and Bank Account (with ITIN or a U.S. Representative)
To get an EIN, you’ll need to file IRS Form SS-4. A U.S. bank account may require:
LLC documents
EIN confirmation
Passport or foreign ID
U.S. address (via agent or service)
These tools let you operate compliantly and professionally even if you’re abroad.
Real Business Visa to Legally Work and Operate in the U.S.
If you want to actively work for your U.S. company, you’ll need a proper business visa. These are the most common options:
E-2 Visa for Treaty Investors
Ideal for nationals of countries with U.S. investment treaties. You must invest a substantial amount and operate the business actively. It offers renewable, long-term work authorization.
L-1 Visa for Intracompany Transfers
Best if you own or work for a foreign company and want to open a U.S. branch. You must have worked abroad for at least one year. This allows you to transfer as an executive or manager.
International Entrepreneur Parole (IER)
Designed for high-potential startup founders with U.S. funding. Offers temporary work authorization to build your company. It’s not a visa, but it provides legal entry and operations benefits.
These business visas for business owners are designed to support entrepreneurship while keeping you compliant with U.S. law.
Mistakes to Avoid When Starting a U.S. Business Without a Business Visa
Many founders make missteps that can jeopardize both their business and their immigration status. Avoid these common errors:
Assuming LLC formation gives you legal status
Working on a tourist or student visa without proper authorization
Opening a bank account using false information
- Mixing personal activity and business operations during visits
If you’re not sure whether something is allowed, seek legal guidance. One mistake can have lasting consequences.
Why Work with Loigica for your business Visa?
Starting a business in the U.S. as a non-resident involves more than filling out a form. At Loigica, we help:
Determine if you need a business visa based on your profile
Form LLCs legally for non-residents
Structure your ownership to protect your status
Navigate EIN, ITIN, and bank account setup
Book a consultation with our legal team and take the next strategic step for your U.S. business.
