Do I have to live in the US to do business there?

In today’s economy, many of us have opportunities to invest in development projects and other securities around the world. We sometimes make decisions about investing in a business or project in a country we’ve never even visited. 

For some people, investing a large amount of money into a project or a business in only happens if the investment opportunity is located where they live. Having money in another country seems to be too great a risk. For others, investment opportunities in other countries are a great way to build wealth and diversify investments. 

For some people who have temporary visas and come in and out of the US regularly, being mobile and able to enter and exit the country is often more important than remaining in the United States to put down roots.

Since global mobility is increasingly important for investors and business people, here is some information for those who are doing business in the US and elsewhere: 

Travel as a business visitor: 

B-1 visas, B-1/B-2 visas, and the Visa Waiver Program/ESTA allow visits for business purposes.

The United States is one of several western countries that require permission to work in the United States. Because of this requirement, one of the common questions from people with business visitor visas or ESTA clearance is, what is “work”? Or more specifically, what is a business visitor allowed to do while in the US? 

The US Department of State’s guidelines state that a business visitor may enter the United States for these purposes: 

• Engaging in commercial transactions, which do not involve gainful employment in the United States (such as a merchant who takes orders for goods manufactured abroad);
• Negotiating contracts;
• Consulting with business associates;
• Litigating matters;
• Participate in scientific, educational, professional, or business conventions, conferences, or seminars. 

For anyone visiting for a business purpose, it’s a good idea to have documentation of your activities in the United States with you. For example, if you’re attending a conference or seminar, have a printout of your registration on your person when you’re going through US Customs and Border Protection and be ready to tell them the dates of the seminar and what city it will take place in. if you’ve reserved a hotel, have a copy of your hotel reservation just in case.  if you are meeting with associates, have a printout of email correspondence between you ready to show. If you’re negotiating a contract, and you’ve previously sent a proposal to a possible customer or client, have a copy of it to show if needed. 

You might wonder why you can’t just show your phone or tablet with this information on it. You may do so, however, if you consent to a search of your device, any correspondence may be viewed and possibly misunderstood.

E-1 and E-2 visas for nationals of treaty countries 

For people who want to trade goods or services between the United States and their home country or invest in their own business in the United States, the E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are very useful options. Not all countries have treaties of commerce with the United States, so E-1 and E-2 visas are not available to everyone around the world. However, over 80 countries have treaties making the E-1 and/or E-2 available. 

Can I reside in the US long-term for my business? 

Yes, but the path to becoming a US resident (having a green card) requires planning, consideration and taking deliberate steps. Some options that allow applicants to become a resident (get a green card) are the L-1A visa, which allows executives and managers of companies with a US office to relocate to the US temporarily, and EB-13 visa petition for multinational managers and executives. Another option for overseas investors seeking to immigrate to the US is the EB-5 Immigrant Investor program, which involves investing anywhere from USD 800,000 - USD 1.05 million to create at least 10 full-time jobs for US workers. 

If you are looking at US visa or immigration options, it’s important to get sound advice from an experienced US immigration attorney. Like any business endeavor, doing business in the US can involve risk or yield a great return. 

Kathryn N. Karam is a Senior Associate with the Quan Law Group in Houston, TX. Kathryn is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization, and has been listed as a Rising Star by Texas Monthly Magazine.