Launching Your Company in the US US Immigration Issues Melissa Vincenty Associate, US Team Manager, Fragomen
Launching Your Company in the US
US Immigration Issues
Melissa Vincenty
Associate, US Team Manager, Fragomen
Business Structure A: “Dabbling”
• Visa options:
- B-1 Business Visitor
- Visa Waiver Program (VWP)
• Pros:
- May be able to limit tax liability
- No costs and complexities of maintaining additional entity
- No visa application required for VWP, only ESTA
• Cons:
- Significant limitations on permitted activities and duration of stay
• Visa options:
- E-2 Treaty Trader
- E-3 for Australian Professionals
• Pros:
- More flexible visa options
- May reduce corporate liability
- Lends legitimacy to your US business
- Eliminates costs and complexities of operating two entities
- Fairly streamlined application process for E-2 and E-3
• Cons:
- Potential US tax liability
- Complexities, time, expense involved with creating US entity
Business Structure B: “Jumping Ship”
• Visa options:
- L-1 Intra-company Transferee Visa
- [E-2 Treaty Investor]
- [E-3 for Australian Professionals]
• Pros:
- Can keep L-1 assignee on foreign payroll
- Smoother transition to permanent resident status
• Cons:
- Costs and complexities of maintaining two entities
- More complex, costly, and lengthy application process
Business Structure C: “The Bridge”