Starting a Business in the USA

[wildrover77]

I know we have some USA members and others that have emigrated from the UK.

I am considering starting a business in the US and need visa advice. I don't wish to move there full-time and gain a green card; I want to be able to own a business and travel over freely for management purposes.

I am assuming I can own a business freely without citizenship? It seems to get complicated if you want to work and be paid for that work? Could I invoice the USA a business from a UK entity for consultancy services and be paid by the UK entity?

I was wondering whether I could get away with a B1 visa or if I would need a B1 or B2.

Can anyone knowledegable help me out with advice?

 

[maxtheflyinghorse]

I moved from the Uk to the states last year as my wife is an American citizen. I wouldn’t have a clue regarding business visa but I would say wait for a bit once Trump is officially the president as there might be changes in the immigration rules again I’m not sure. Just a thought

 

[AlexD]

I know we have some USA members and others that have emigrated from the UK.

I am considering starting a business in the US and need visa advice. I don't wish to move there full-time and gain a green card; I want to be able to own a business and travel over freely for management purposes.

I am assuming I can own a business freely without citizenship? It seems to get complicated if you want to work and be paid for that work? Could I invoice the USA a business from a UK entity for consultancy services and be paid by the UK entity?

I was wondering whether I could get away with a B1 visa or if I would need a B1 or B2.

Can anyone knowledegable help me out with advice?

I have done what you describe several times.

So long as the US business is not paying you a salary then a B1 is fine. The US company should pay your UK company and then that UK company pay you.

Beware that the US "land of the free" is Orwellian, in that many activities that one can do in the UK without asking permission, require a licence in the USA, and the terms of that licence often involve you giving up basic rights.

The annual cost of even Delaware companies is a few hundred dollars, rather more than the £13 here. By the time you have an address etc, that is lost in the noise. You need an accountant to handle employment, taxes and leasing anyway.

 

[Bavarianbrit]

The stepson of my departed pal did have a UK business with many visits needed to the US so that he started up a subsidiary over there all was/is with IT. He ended up buying mucho property in the Detroit area as rental income. He still lives in the UK though.

 

[Rasputin]

Looked into it a few years ago. Unless you plan to have a physical presence there it’s a bit of a ball ache just because the systems archaic. That being said I always found irs to be good to deal with unlike
Hmrc.

 

[Bavarianbrit]

Get to know the H R Block accountant franchise they always sorted my taxes well.
If you get 40 quarters (= 10 years) paid into their SSD system you will then qualify for a full US pension wherever in the world you live. I get a reduced one with 16 quarters paid in.

 

[NP435]

I know we have some USA members and others that have emigrated from the UK.

I am considering starting a business in the US and need visa advice. I don't wish to move there full-time and gain a green card; I want to be able to own a business and travel over freely for management purposes.

I am assuming I can own a business freely without citizenship? It seems to get complicated if you want to work and be paid for that work? Could I invoice the USA a business from a UK entity for consultancy services and be paid by the UK entity?

I was wondering whether I could get away with a B1 visa or if I would need a B1 or B2.

Can anyone knowledegable help me out with advice?

Sir you need to speak with a consular officer, United States Consulate, I don't think you need to be a citizen , possibly a lawful resident alien.

 

[markj1]

We've recently opened a subsidiary in the US.

As others said, you need various permissions and licences (varies by State) and you'll need local advice from both lawyers and accountants. And, yes, the system is archaic. And don't forget business insurance with in the US is paramount.

Regarding visa, unless you intend to spend any time in the US, then [my understanding is that] you do not need a visa if you simply own a business in the US. In practical terms, you'll either have to run the business remotely from the UK, or employ local people (or both).

If you intend to actually work for the business in the US, then you'll need a suitable visa. One option is a temporary relocation visa, e.g. L1:

L-1 Visa, Explained: Requirements, Approval Rate (2026)

The L-1 visa allows managers, executives, and specialists to move to a U.S. company for up to five or seven years, without facing visa caps or lotteries.

manifestlaw.com

But, obviously, the business in the UK that you are transferring from should be linked to the US business via common ownership, and there are other hoops to jump through (see linked article above). And the application and approval process can take months.

Good Luck.

 

[wildrover77]

I realise I mistyped in my original post. I meant, can I get away with a B1, or do I need an E1 or E2.

I don't plan to be paid by the company or live permanently in the USA, but I plan to be there for at least 6 months of the year and be active at the director level in the business.

Is it worth having an offshore company own the domestic USA business? How about corporate entities being directors of a US business? I am considering personal risk and avoiding being directly connected with the business. I was always told Nevada was the best place to set up a USA business. Can you have a Nevada corporation but do business in other states?

I need to be able to pay fees and dividends to a UK business and also want to be able to cash out in 10-15 years.

 

[Bavarianbrit]

By intending to stay over 3 months using the visa waiver (which forbids working onshore) you will have to be interviewed at a UK Embassy or consulate and the consular official will decide what if any your options will be.

 

[wildrover77]

By intending to stay over 3 months using the visa waiver (which forbids working onshore) you will have to be interviewed at a UK Embassy or consulate and the consular official will decide what if any your options will be.

It will not be 6 months in one block, it will be every other month

 

[Tazz]

I moved from the Uk to the states last year as my wife is an American citizen. I wouldn’t have a clue regarding business visa but I would say wait for a bit once Trump is officially the president as there might be changes in the immigration rules again I’m not sure. Just a thought

Just a guess but I don’t think he is going to make Immigration easier

 

[devon deer stalker]

Take a look at this thread Thread 'Business for sale in Montana USA "Cowboy Country"' For Sale: - Business for sale in Montana USA "Cowboy Country"
This guy has first hand knowledge

 

[Bavarianbrit]

It will not be 6 months in one block, it will be every other month

You can wing it but my missus came to Detroit for 4 weeks then back to Munich for 6 weeks then back to Detroit for 4 weeks and on and on in 1983-5 and she had a hard time when entering the USA as she said she was a housewife based in Munich which she really was. They took 3 hours to let her travel on to Detroit and she was very upset so be prepared for a **** day.

 

[markj1]

Just a guess but I don’t think he is going to make Immigration easier

True.

Someone I know got kicked out of the US when Trump was elected first time because the rules for B1 visa were changed overnight.

 

[Rasputin]

I realise I mistyped in my original post. I meant, can I get away with a B1, or do I need an E1 or E2.

I don't plan to be paid by the company or live permanently in the USA, but I plan to be there for at least 6 months of the year and be active at the director level in the business.

Is it worth having an offshore company own the domestic USA business? How about corporate entities being directors of a US business? I am considering personal risk and avoiding being directly connected with the business. I was always told Nevada was the best place to set up a USA business. Can you have a Nevada corporation but do business in other states?

I need to be able to pay fees and dividends to a UK business and also want to be a to cash out in 10-15 years.

Will the us business actually trade? As in pay staff make things etc rather than just transferring wealth off the back of services to the what I assume in UK entity? Or is it just dependent upon you?

A few years out the loop now regarding best locations in the USA but offshore would be my preference. Being a “director” for a USA company is a nightmare the taxes are crazy complicated you can really come cropper it’s why I canned it off a few years ago.

 

[wildrover77]

Will the us business actually trade? As in pay staff make things etc rather than just transferring wealth off the back of services to the what I assume in UK entity? Or is it just dependent upon you?

A few years out the loop now regarding best locations in the USA but offshore would be my preference. Being a “director” for a USA company is a nightmare the taxes are crazy complicated you can really come cropper it’s why I canned it off a few years ago.

Yes, we would trade and employee staff. I can see an opportunity to develop production units on a design, build, and lease arrangement. So I would profit from developing the production sites and then use this as working capital to lease and operate them.

I favoured offshore ownership for both tax efficiency (avoid double taxation) and liability issues with employed staff. It would be good if the offshore company could both own and be the directors of the USA entity

 

[Rasputin]

Yes, we would trade and employee staff. I can see an opportunity to develop production units on a design, build, and lease arrangement. So I would profit from developing the production sites and then use this as working capital to lease and operate them.

I favoured offshore ownership for both tax efficiency (avoid double taxation) and liability issues with employed staff. It would be good if the offshore company could both own and be the directors of the USA entity

Gotcha il send you a PM when I’m back in the office as that’s someone we are looking at too and Iv been exploring all options including a USA distributor on a license basis.

 

[AlexD]

By intending to stay over 3 months using the visa waiver (which forbids working onshore) you will have to be interviewed at a UK Embassy or consulate and the consular official will decide what if any your options will be.

The OP said he would not be staying for more than a month. In that case he may not need even a B1.

I had a B1 US visa, when the waiver system was running, due to frequent visits to avoid trouble at the US end.
At Heathrow, a G4S employee 16 years old checks visas and passports before boarding. He pulls me out BECAUSE I have a visa.
He says, "Why do you have a visa? Are you a criminal or perve or something" My response,"Wow, no I am not and you need training. I wish to speak with your manager" He tells me I will miss my plane if I want to wait for him, then boasts he has the power to ban me from flying etc. I don't care a damn, and really hate bullies so wait for his boss and miss the plane. An hour later his boss turns up, who does not care a damn either.
So beware, business people have visas, and people who do not qualify for the waiver have to get visas. Gate security cannot tell which is which and some are just thugs, especially from SERCO or worse, G4S.

Visas are not the problem if you are not staying long and not being paid from the US: ensuring you are licensed, insured and have an accountant who keeps you compliant is more important. You already know that aw in the US is much tougher than law in the UK and you can do far less without getting licences.