Can I Immigrate to the USA to Work in My Own LLC?

Question from Euy, Can I Immigrate to the USA to Work in My Own LLC?

Answer from AI:

If you’re a Turkish citizen with a small LLC in the USA, you might be wondering if it’s possible to immigrate to the United States to work in your own business. The process of moving to the USA to work, especially in a company you own, involves navigating a complex set of immigration laws and visa categories. Here, we’ll outline some general information about the options that might be available to you and the steps involved. However, it’s crucial to consult with an immigration attorney for advice tailored to your specific situation.

Understanding Your Visa Options

There are several visa categories that might be relevant to your situation. The most common ones include:

1. L-1 Visas: For intra-company transferees who work in managerial positions or have specialized knowledge.
2. E-2 Treaty Investor Visas: For investors from countries that have a treaty of commerce and navigation with the USA. Turkey is one of these countries, making Turkish citizens eligible for this visa category.
3. EB-5 Investor Green Card: For investors who are willing to invest a significant amount of capital in a new commercial enterprise in the USA and create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Evaluating the E-2 Visa Option

For many Turkish citizens owning a small LLC in the USA, the E-2 Treaty Investor Visa might be the most applicable option. Here’s why:

• You must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the USA.
• Your investment must be in a real operating enterprise, and you must have a controlling interest in the business.
• You must intend to enter the USA solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Steps to Apply for an E-2 Visa

1. Ensure Your Business Qualifies: Your LLC must meet the investment criteria, including showing that the funds have been put at risk and the enterprise is real and operating.
2. Prepare Your Documentation: Gather evidence of your investment, your role in the business, and the business’s potential to create jobs and contribute to the US economy.
3. File the Visa Application: Submit Form DS-160 online and pay the application fee. You’ll also need to schedule and attend a visa interview at a U.S. Embassy or Consulate in Turkey.

Important Considerations

– The E-2 visa does not directly lead to a green card or permanent residency. However, it can be renewed indefinitely as long as the business continues to operate and comply with the visa requirements.
– The amount of investment considered “substantial” is not strictly defined but should be sufficient to ensure the successful operation of the business.
– The process can be complex, and the success of your application heavily depends on the quality of your documentation and your ability to demonstrate the viability of your business.

Seek Professional Advice

Given the complexities of U.S. immigration law and the high stakes involved in moving to another country to run a business, consulting with an experienced immigration attorney is strongly recommended. They can provide personalized advice based on the specifics of your situation and help you navigate the application process.

For more information on the E-2 Treaty Investor Visa, you can visit the U.S. Department of State’s website.

Remember, while this guide provides a general overview, immigration laws and regulations are subject to change. Always verify the most current information and consult with a legal professional for advice tailored to your unique circumstances.