Launching Your Company in the US

US Immigration Issues

Melissa Vincenty

Associate, US Team Manager, Fragomen

Business Structure A: “Dabbling”

• Visa options:

- B-1 Business Visitor

- Visa Waiver Program (VWP)

• Pros:

- May be able to limit tax liability

- No costs and complexities of maintaining additional entity

- No visa application required for VWP, only ESTA

• Cons:

- Significant limitations on permitted activities and duration of stay

• Visa options:

- E-2 Treaty Trader

- E-3 for Australian Professionals

• Pros:

- More flexible visa options

- May reduce corporate liability

- Lends legitimacy to your US business

- Eliminates costs and complexities of operating two entities

- Fairly streamlined application process for E-2 and E-3

• Cons:

- Potential US tax liability

- Complexities, time, expense involved with creating US entity

Business Structure B: “Jumping Ship”

• Visa options:

- L-1 Intra-company Transferee Visa

- [E-2 Treaty Investor]

- [E-3 for Australian Professionals]

• Pros:

- Can keep L-1 assignee on foreign payroll

- Smoother transition to permanent resident status

• Cons:

- Costs and complexities of maintaining two entities

- More complex, costly, and lengthy application process

Business Structure C: “The Bridge”