BLOG
November 10, 2026
GWP IMMIGRATION LAW
Owning a U.S. Company Is the Easy Part. Your Status Decides the Rest.
You can start a business in the US as an immigrant with almost any status, but only some statuses let you run it, work in it, or use it to stay.
In 2026, work-permit renewals no longer carry an automatic extension and employer audits keep tightening. Confusing company ownership with permission to work is now the costliest mistake new founders make.
Updated November 10, 2026 · GWP Law · Las Vegas, NVTHE CONTEXT
Can you start a business in the US as an immigrant?
Yes. Anyone can form a U.S. company, but only valid work authorization lets you personally work in it.
To start a business in the US as an immigrant, you need to separate two legal questions that most online guides blend together.
The first is ownership: forming an LLC or corporation, investing in it, and receiving its profits. No state requires owners to be U.S. citizens or residents.
The second is work: managing daily operations, serving clients, or drawing a salary for services performed in the United States. That is “employment” under immigration law, and it requires authorization.
Federal tax rules already reflect this split. A foreign owner without a Social Security Number can still obtain an Employer Identification Number (EIN) for the company by filing Form SS-4 and writing “foreign” on line 7b, according to the IRS Instructions for Form SS-4.
Tax numbers do not create work rights. The IRS states that getting an ITIN “does not change your immigration status or your right to work in the United States” (IRS, Additional ITIN Information).
What can you do in your own business with your current status?
It depends on your status: green card and open work permits allow hands-on work, while most visas tie you to one employer or enterprise.
| Your status | Own the company | Work in it | Key limit |
|---|---|---|---|
| Green card (permanent resident) | Yes | Yes | Any lawful work of your choosing |
| Unrestricted work permit (EAD) | Yes | Yes, while valid | Work must stop the day the card expires |
| E-2 treaty investor | Yes | Only in the E-2 enterprise | Must develop and direct that business |
| L-1A manager or executive | Yes | Only for the petitioning company | Requires a related company abroad |
| H-1B worker | Yes | Only for the H-1B employer | An owner-employee needs its own H-1B petition |
| Visitor (B-1/B-2) or owner abroad | Yes | No | Limited B-1 activities such as meetings and contract negotiations |
| No status and no EAD | Yes | No authorization | Owning does not fix or replace status |
Sources: USCIS, Rights and Responsibilities of a Green Card Holder; USCIS, E-2 Treaty Investors; U.S. Department of State, B-1 Fact Sheet.
Permanent residents may “work in the United States at any legal work” of their qualification and choosing, which includes running their own company.
Work-permit holders can also be self-employed, but a lapse is now riskier. A final rule effective October 14, 2026 confirmed that most EAD renewals filed on or after October 30, 2025 no longer receive an automatic extension (Federal Register, October 14, 2026).
We explain each category, including spouses of E-2 and L-1 holders, in our guide on whether you can be self-employed with a work permit, green card, or visa.
Which visas let entrepreneurs and investors work in their own business?
The main options are the E-2, L-1A, and O-1A visas, plus EB-5 and EB-2 NIW green cards for investors and founders.
| Path | Type | Core requirement | Green card? |
|---|---|---|---|
| E-2 Treaty Investor | Temporary visa | Treaty nationality, substantial at-risk investment, non-marginal business, at least 50% ownership or operational control | Not directly |
| L-1A New Office | Temporary visa | One continuous year with a related foreign company in the prior three years; physical U.S. premises | Possible through EB-1C |
| O-1A | Temporary visa | Extraordinary ability; your company may petition for you | Not directly |
| EB-5 | Green card | $1,050,000, or $800,000 in a targeted employment area, creating 10 full-time jobs | Yes, conditional first |
| EB-2 NIW | Green card | Self-petition showing your venture has national importance | Yes |
Sources: USCIS, L-1A Intracompany Transferee; USCIS Policy Manual, Vol. 6, Part G, Ch. 1 (EB-5).
E-2: the most common route for small and mid-size businesses
The E-2 requires nationality of a treaty country such as Mexico, Colombia, Spain, Argentina, Chile, Costa Rica, Honduras, Panama, or Paraguay (U.S. Department of State, Treaty Countries).
There is no fixed minimum investment, but the amount must be substantial relative to the cost of the business. Our analysis of the E-2 visa investment amount explains how officers apply that proportionality test.
Admission is granted for up to two years at a time, with no limit on extensions while the business remains active. For the full picture, see our E-2 treaty investor visa guide.
L-1A and EB-5: different budgets, different timelines
An L-1A “new office” petition is first approved for one year, and total L-1A time is capped at seven years.
EB-5 amounts are about to change. Under the EB-5 Reform and Integrity Act, the current $1,050,000 and $800,000 minimums “automatically adjust on January 1, 2027,” and the Regional Center Program is authorized through September 30, 2027.
EB-5 investors first receive a two-year conditional green card and later file Form I-829 to remove conditions, as we cover in our guide to the I-829 for EB-5 investors.
How do you form the company itself?
Choose a state, appoint a registered agent, file articles of organization, and get an EIN. None of these steps asks about immigration status.
One federal filing has been removed for most founders. Since August 14, 2026, companies formed in the United States are exempt from FinCEN beneficial ownership reporting, which now applies only to certain foreign-formed companies (FinCEN final rule, Federal Register).
Our step-by-step guide on how to open an LLC without an SSN covers each stage in detail.
Source: IRS Instructions for Form 5472; USCIS, Form I-9.
A REAL CASE
A cleaning company built on the wrong status
A Mexican entrepreneur called me after forming a Wyoming LLC for a commercial cleaning business in Las Vegas.
He was in the United States as a visitor and planned to supervise crews and bid on contracts himself.
I explained that owning the company was lawful, but running it day to day on B-2 status would be unauthorized work.
Mexico is an E-2 treaty country, so we restructured the plan around an E-2 application filed through the consulate.
He returned home before his authorized stay ended, and his manager in Las Vegas handled operations while the case moved forward.
What should you check before you invest a dollar?
Check your work authorization, the visa path that fits your nationality and budget, the source of your funds, and your first-hire compliance.
THE PATH FORWARD
Build the business and the immigration strategy together
The company documents take days; the immigration consequences of how you use them can last years.
Once your business grows, your obligations expand to employment verification and, possibly, visa sponsorship. Our guide on whether you can hire or sponsor employees explains the rules that apply to immigrant-owned employers.
Founders with strong credentials should also review the EB-2 National Interest Waiver, which does not require an employer sponsor.
References
- IRS, Instructions for Form SS-4
- IRS, Additional ITIN Information
- USCIS, Rights and Responsibilities of a Green Card Holder
- USCIS, E-2 Treaty Investors
- U.S. Department of State, Business Visas (B-1) Fact Sheet
- Federal Register, Removal of Automatic Extensions for Certain EADs (Oct. 14, 2026)
- USCIS, L-1A Intracompany Transferee Executive or Manager
- USCIS Policy Manual, Volume 6, Part G, Chapter 1
- U.S. Department of State, Treaty Countries
- IRS, Instructions for Form 5472
- FinCEN, Beneficial Ownership Information Reporting Final Rule (Aug. 14, 2026)
- USCIS, Form I-9, Employment Eligibility Verification
Choose the status before you choose the state
We review your nationality, status, and business plan to identify the path that lets you lawfully run what you build.
Book a Consultation →This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: October 26, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law
