Many investors visit the United States before applying for an E-2 Treaty Investor Visa. These visits are often used to set up a legal entity, open accounts, or prepare documents. Two common entry options are the Visa Waiver Program and the B-1 visitor visa. Both allow certain business activities, but neither permits operating the business.
Visa Waiver Program and E-2 Preparation
The Visa Waiver Program allows nationals of eligible countries to enter the U.S. for up to 90 days without a visa. According to the U.S. Department of State, permitted activities include consulting with business associates, attending meetings, and negotiating contracts. Managing a business or performing work is not allowed.
Acceptable actions:
- Meeting with attorneys or advisors
- Researching office space
- Opening a business bank account
- Signing contracts
B-1 Visa and Business Setup
The B-1 visa allows similar activities with slightly more flexibility. According to the Foreign Affairs Manual (9 FAM 402.2-5), B-1 visitors may form a business, meet with suppliers, and purchase equipment. Running the business or receiving U.S. income is not allowed.
Allowed actions include:
- Forming a legal entity
- Interviewing employees
- Negotiating contracts