My friend just arrived to the U.S as a tourist with a tourist/business visa good for six months. He wants to open a business here in USA; can he apply, and obtain an authorization to work? Thank you.
Generally speaking, with limited exceptions, an alien admitted B-1 or B-2 is not eligible for employment authorization. However, such an alien can certainly takes steps to open a business. That is distinct from "working" in the business (however crazy that may seem). If your friend wants to actually work in the business he will require an appropriate visa. What the best option will be for him will depend upon the specifics of his investment and number of other factors. Your friend should consult with an experienced immigration attorney who can review the facts of his case and advise him how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
He cannot obtain work authorization as a visitor. Depending on his country of nationality and the nature of his business, he may qualify for E-1 or E-2 classification. He needs to schedule a consultation with an immigration attorney to thoroughly review his options.
No. We have E1/E2 visas for that and only for nationals of the countries who have a treaty with the USA. We also have L visas for international expansions and EB5 immigration category for investors. Please see below
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
When one has been admitted into the US as "visitor", one cannot obtain an authorization to work. Individuals wishing to open businesses in the USA have the E-2 Treaty Investor visa possibility through which they can own and operate the business and live in the US with their families for years to come. For this to happen, however, one must be a citizen of a country that is signatory to the E-2 Treaty with the US.
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Depending on your country of origin, you may apply for E1/2 visa. Alternatively, an L-1 visa may be considered if you meet the requirements. Please consult one on one with an experienced immigration attorney.
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