Before Arriving in the US
A practical checklist for Turkish entrepreneurs preparing to do business in the United States. Know the legal landscape before you arrive.
1Legal Status & Entry Realities
Visa Type = Boundaries
Each visa category has specific limitations on what activities are permitted. A B-1/B-2 visa allows meetings and negotiations but not employment. An E-2 requires substantial investment and active management. Know your visa's boundaries before making commitments.
Misrepresentation Risks at Entry
Stating one purpose at the border while intending another can result in entry denial, visa revocation, or future immigration bars. CBP officers are trained to identify inconsistencies. If you're entering to explore business opportunities, say so—don't claim tourism while carrying business documents.
The Tourist Visa Business Myth
Forming an LLC while on a tourist visa is technically possible—an LLC is just a business structure. But this doesn't grant work authorization. You cannot manage day-to-day operations, receive US-source salary, or be physically present as an employee. The LLC exists; your right to work in it may not.
2Business Formation (Before Arrival)
When an LLC Makes Sense
- ✓You have US clients requiring a US business entity for payment
- ✓You need a US bank account for operational purposes
- ✓You want liability separation between personal and business assets
- ✓You're preparing for an investment-based visa (E-2) application
When an LLC Does NOT Make Sense
- ✗You believe it will help you get a visa (it will not)
- ✗You have no concrete US business activity planned
- ✗You're forming it "just in case" without understanding compliance obligations
EIN, Registered Agent, Address Realities
- EIN: Employer Identification Number from IRS. Required for bank accounts and tax filings. Can be obtained without SSN using Form SS-4.
- Registered Agent: Required in most states. Must have a physical address in the state of formation to receive legal documents.
- Business Address: Virtual addresses work for mail but may not be accepted by all banks or state agencies.
Bank Account Expectations (Myth vs. Reality)
Many non-residents assume they can easily open a US business bank account remotely. Reality: Traditional banks often require in-person verification, SSN/ITIN, and substantial documentation. Fintech alternatives (Mercury, Relay) have different requirements but may have limitations on certain transactions.
3Tax & Compliance Preparation
Basic Tax Framework for Non-Residents
US tax obligations depend on your residency status (for tax purposes), business structure, and income sources. Non-resident aliens with US-source income may have withholding requirements. LLCs have different tax treatment based on election and member count.
Key forms to know: W-8BEN (for non-residents), W-9 (for US persons), 1099 (income reporting), 5472 (foreign-owned LLC disclosure).
ITIN vs. SSN
- SSN (Social Security Number): Issued to US citizens, permanent residents, and those authorized to work. Required for employment.
- ITIN (Individual Taxpayer Identification Number): For individuals who need to file US taxes but are not eligible for SSN. Does not authorize work.
Consequences of Improper Structure
Incorrect tax elections, missed filings, or improper classification can result in penalties, back taxes, and complications with future visa applications. The IRS shares information with immigration authorities in certain circumstances.
4Banking, Payments & Money Transfer
US Bank Account Realities
- •Traditional banks (Chase, Bank of America, Wells Fargo) typically require in-person visit, often with visa documentation
- •Some banks accept only certain visa types or require minimum deposits
- •Business accounts have different requirements than personal accounts
Fintech Alternatives & Their Limitations
- -May have restrictions on certain business types or transaction volumes
- -Account freezes can occur with limited recourse
- -Not all accept non-resident owners without US presence
- -Integration with Turkish banking may have delays or fees
Turkey-US Money Flow Risks
Large or frequent transfers between Turkey and the US may trigger reporting requirements or compliance reviews. Both countries have anti-money laundering regulations. Document the business purpose of significant transfers. Unexplained fund movements can complicate both tax and immigration matters.
5Contracts & Documents
Documents to Prepare Before Arrival
- ✓Service Agreement: If you'll be providing services to US clients
- ✓Independent Contractor Agreement: If you'll be hiring contractors or working as one
- ✓NDA (Non-Disclosure Agreement): For protecting business discussions and proprietary information
- ✓Operating Agreement: If forming an LLC (required in many states, recommended in all)
Why "We'll Figure It Out Later" Is Expensive
Verbal agreements, handshake deals, and "we trust each other" approaches work until they don't. Disputes with US parties without written contracts mean US courts applying default rules that may not favor you. Legal fees for litigation far exceed the cost of proper documentation upfront.
6Common Mistakes (Summary)
Frequent Pitfalls for Turkish Entrepreneurs
- 1.Believing LLC formation leads to visa eligibility
- 2.Working while in the US on a tourist visa
- 3.Ignoring state-level tax and compliance requirements
- 4.Using personal accounts for business transactions
- 5.Relying on internet forums instead of qualified professionals
- 6.Underestimating the complexity of US immigration law
- 7.Not keeping proper records of business activities and fund movements
Misinformation from the Internet
YouTube videos, Turkish entrepreneur forums, and social media groups often contain outdated, oversimplified, or simply incorrect information about US immigration and business law. What worked for someone else may not work for you. What was true in 2020 may not be true today. Always verify with official sources and qualified professionals.
7Legal Notice
This content provides general legal information only and does not constitute legal, tax, or immigration advice. Laws and regulations change frequently, and individual circumstances vary significantly. The information presented is for educational purposes and should not be relied upon for decision-making without consultation with qualified professionals licensed in the relevant jurisdiction. EchoLegal does not create an attorney-client relationship through this content.
Last reviewed: January 2026
Next scheduled update: April 2026
The most commonly used starter documents when establishing a US business:
- • Service Agreement
- • NDA (Non-Disclosure Agreement)
- • Independent Contractor Agreement
- • Privacy Policy
- • Terms of Service
Cite This Entry
EchoLegal, “Pre-Arrival Legal Checklist,” EchoLegal Legal Encyclopedia, v1.0 (last updated Feb 17, 2026), https://echo-legal.com/en/amerika/abd-ye-gelmeden-once.
Pre-Arrival Legal Checklist, EchoLegal Legal Encyclopedia (last updated Feb 17, 2026), https://echo-legal.com/en/amerika/abd-ye-gelmeden-once.
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