LLC Formation and Visa Eligibility

Scope & Method

This entry addresses one of the most persistent misconceptions among non-US entrepreneurs: the belief that forming a US LLC confers visa eligibility or immigration benefits. It explains why business formation and immigration are legally distinct processes, identifies the limited circumstances in which a US business entity is relevant to an immigration application, and clarifies the distinction between operating a US business remotely and physically working in the United States.

This entry does not provide detailed analysis of specific visa categories, processing timelines, or application procedures. Immigration references are drawn from the Immigration and Nationality Act (INA), its implementing regulations, and official USCIS guidance.

Key Takeaways

• Business formation and immigration are governed by entirely separate bodies of federal law. An LLC is a state-law entity that provides limited liability protection; a visa is a federal immigration status that authorizes presence in or admission to the United States.
• Forming an LLC does not, by itself, create eligibility for any visa category. No provision of the INA or its implementing regulations grants immigration benefits based solely on business entity formation.
• Certain visa categories — most notably the E-2 treaty investor visa — require the applicant to have invested in or be actively managing a US business. However, the business entity is only one of many requirements that must be independently satisfied.
• A non-US entrepreneur can own and operate a US LLC entirely from abroad, serving US clients remotely, without needing any US visa or work authorization.

The Legal Separation

An LLC is formed under state law. It creates a business entity that can enter into contracts, hold property, and conduct commercial activity. It provides its owners with limited liability protection — meaning the owners' personal assets are generally shielded from the entity's debts and obligations.

Immigration status is governed by federal law — primarily the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and its implementing regulations. Visa eligibility depends on factors including nationality, the purpose of entry, qualifications, sponsorship, and compliance with specific statutory criteria. Business entity ownership is not among the statutory bases for any visa classification.

Visa Categories That Reference a US Business

A small number of visa categories require or consider the applicant's relationship to a US business. The most relevant for entrepreneurs is the E-2 treaty investor visa.

E-2 Treaty Investor Visa

The E-2 visa (8 U.S.C. § 1101(a)(15)(E); 22 C.F.R. § 41.51) allows nationals of treaty countries to enter the United States to develop and direct a business in which they have made a substantial investment. Turkey is an E-2 treaty country, making this category available to Turkish nationals — but the requirements extend well beyond LLC formation.

An E-2 application must demonstrate, among other requirements: (1) that the applicant is a national of a treaty country; (2) that a substantial investment has been made or is being actively committed — the amount is not fixed by statute but must be sufficient to ensure the successful operation of the enterprise; (3) that the applicant is coming to the US solely to develop and direct the investment enterprise; and (4) that the applicant has control of the funds and the investment is at risk in the commercial sense. The existence of an LLC satisfies none of these requirements by itself.

Other Relevant Categories

The L-1 intracompany transferee visa requires an existing foreign employer-employee relationship and transfer to a US affiliate, subsidiary, or parent company. The O-1 extraordinary ability visa requires evidence of extraordinary achievement in the applicant's field. Neither category is triggered by LLC formation alone — each has its own independent statutory and evidentiary requirements.

Remote Operation and Physical Presence

A non-US entrepreneur can own a US LLC, receive payments through it, and serve US clients entirely from abroad. This does not require any US visa or work authorization. The legal question is not whether a person can own a US business — any person can — but whether a person can physically enter, remain in, or work within the United States.

Physically entering the US to manage the business, attend meetings, or perform work requires appropriate immigration authorization — whether a B-1 business visitor visa (for limited activities), an E-2, L-1, or other work-authorized status. The distinction between remote ownership and physical presence in the US is the critical line that determines whether immigration authorization is needed.