Can You Travel to the U.S. on a Visa Waiver or B-1 Visa to Set Up an E-2 Investment?

Table of Content

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

Any information contained in this website is provided for general guidance only, not intended to be a source of legal advice. As such, any unlawful use is strictly prohibited. Prior success does not guarantee same result.

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