If you’re considering starting a business in the United States as a non-resident, this could be a powerful step toward achieving your investment goals. Establishing a company in the U.S. not only opens doors to business opportunities but may also provide a path to obtaining the E2 visa, which allows you to live and work in the country.
While the process can present legal and administrative challenges, that’s where HFA Firm plays a vital role. We offer full support in company formation and guide you toward success, helping make the E2 visa application process smoother and more effective.
In this article, we’ll walk you through the essential steps and key questions surrounding this process.
What Are the Steps to Start a Business in the U.S. as a Non-Resident
1.Choose the Right Legal Entity
The first step is selecting the legal structure that best suits your business. The most common option for foreign investors is a Limited Liability Company (LLC), which protects your personal assets. You may also consider forming a Corporation if you’re planning to raise capital or eventually take the company public.
Your choice should depend on the size of your business and tax considerations—especially if you plan to apply for an E2 visa, which often favors specific business structures aligned with visa requirements.
2.Register Your Company Once you’ve selected the legal entity, you must register your company in the state where you plan to operate. Each U.S. state has its own laws, but all require submission of official forms and payment of registration fees.
For E2 visa applicants, registration demonstrates the seriousness of your investment and serves as a foundation for your application.
3.Obtain an Employer Identification Number (EIN)
To legally operate in the U.S., you must apply for an Employer Identification Number (EIN) from the IRS. This number acts as your company’s tax ID and is necessary for filing taxes, opening bank accounts, and hiring employees.
The process is simple and can be done online. For E2 visa purposes, having an EIN shows that your business is active and legally compliant.
4.Comply with Local Regulations Every U.S. state has specific regulations and licensing requirements, depending on the nature of your business. Compliance is essential to avoid legal complications. You’ll also need to understand state-level tax obligations..Meeting all local legal requirements strengthens your E2 visa application, as it shows your business is operating under U.S. law.
5.Apply for the E2 Visa Once your company is established, you may apply for the E2 visa, which permits you to live and work in the U.S. based on your investment. The visa requires a substantial investment and proof that your business contributes to the U.S. economy.
You’ll need to submit documents related to your investment and business operations during the application process.
How Much Do You Need to Invest for the E2 Visa
There’s no fixed amount required by law, but the answer depends on the nature and size of your business.
- Basic Requirements
To qualify for the E2 visa, you must make a substantial investment in a U.S.-based business. While no specific dollar amount is defined, according to a report by the National Law Review, immigration attorneys emphasize the importance of demonstrating that your investment can fully cover startup and operational costs. This aligns with USCIS guidelines.
Typical Investment Range
In most cases, investments range from $100,000 to $200,000, though smaller investments may be accepted if the business is modest or in a low-capital industry.
Can I Open a U.S. Bank Account Without Being a Resident
Opening a U.S. bank account as a non-resident may seem complex, but it is indeed possible for foreign investors and business owners. If you’re planning to invest or run a business in the U.S., having a local bank account is critical.
While the process varies from one bank to another, most require basic documents such as a passport or government-issued ID, and a residential address—either in your home country or in the U.S.
For business accounts, you’ll likely need a Tax Identification Number (such as an ITIN or EIN) if your company is already formed.
Some banks require an in-person visit, while others offer online account setup. Identity verification is essential, and additional documentation may be required to comply with anti-money laundering regulations.
Opening a U.S. bank account offers significant benefits for foreign investors. It simplifies daily transactions, supports international fund transfers, and strengthens your E2 visa application by showcasing financial credibility and business activity in the U.S
Common Mistakes to Avoid When Applying for the E2 Visa
Inadequate Proof of Investment
One of the main requirements for the E2 visa is solid evidence of your financial investment. A common mistake is submitting vague or incomplete documents. Your investment must be real, traceable, and well-documented.
2. Weak Business Management Plan
Applicants must show they’re actively involved in managing a real, operational business. Submitting a vague or unrealistic business plan can undermine your application. Ensure your business plan clearly outlines goals, strategy, and financial projections.
Lack of Active Involvement
You must demonstrate that you plan to work and manage your business in the U.S., not just benefit from visa privileges. Passive investment without active participation can lead to denial.
4. Investing in Low-Growth Businesses
Businesses with minimal growth potential may not qualify. Your company should show potential for economic impact and job creation in the U.S.
5. Late or Incomplete Documentation
Delays or missing paperwork are common issues. You must submit a complete and accurate package, including financial records, business plans, and legal documents, on time.
Not Consulting an Immigration Attorney
Applying for the E2 visa is a complex legal process. Attempting to handle it without professional support may lead to costly mistakes. A qualified immigration attorney ensures your application is properly prepared and aligned with U.S. regulations.
According to a USCIS report, approximately 30% of E2 visa applications are denied due to insufficient documentation or failure to demonstrate a real business operation.
HFA: Your Trusted Partner Every Step of the Way
If your goal is to build a successful business in the United States and pursue the E2 visa path, HFA Firm is your ideal partner.
We offer end-to-end support—from setting up your company and navigating the legal framework to helping you open bank accounts that enable you to manage your finances effectively within the U.S.
We also assist with trademark registration to protect your brand and provide essential guidance on U.S. tax regulations to keep you compliant.
With HFA Firm, success is no longer a distant idea—it becomes a well-structured plan.
Take your first confident step toward launching your U.S. business and achieving your investment dreams. Contact us today and let us be your trusted partner every step of the way
