U.S. Company Registration Guide A Must-Read for B-Visa Holders

Registering a Company in the United States Everything You Need to Know as a Business Visa Holder

In recent years, with the deepening of global economic integration, more and more international investors have turned their attention to the U.S. market. As one of the world's largest economies, the United States attracts a large number of overseas entrepreneurs and business owners with its open business environment, robust legal system, and vast market opportunities. This is especially relevant for foreign nationals holding U.S. business visas such as the B-1 visa, who often consider the possibility of registering a company during their stay, laying the foundation for future development.

I. Basic Limitations of Business Visas and the Possibility of Company Registration

It is important to understand that U.S. business visas, such as the B-1/B-2, are primarily intended for short-term business activities. These visas allow holders to engage in activities like business negotiations, attending trade shows, short-term training, or conferences. However, they do not permit individuals to work in the U.S. or engage in long-term employment.

That said, this does not mean that business visa holders are prohibited from registering a company in the United States. In fact, U.S. law does not restrict foreign nationals from forming a company in the U.S., regardless of citizenship or visa status, as long as the necessary requirements are met. This means that individuals holding business visas can legally establish a company in the U.S.

It is important to note, however, that registering a company does not automatically allow the visa holder to operate or manage the business on a long-term basis within the U.S.

II. The Basic Process of Registering a Company

For individuals holding a business visa, the process of registering a company in the U.S. typically includes the following steps

1. Choose a Company Structure The most common types include Limited Liability Company LLC, C Corporation C-Corp, and S Corporation S-Corp. Many startups and international investors prefer LLCs due to their flexible structure and tax advantages.

2. Select a State of Registration U.S. states have varying corporate laws. Delaware, Nevada, and Wyoming are popular choices due to their business-friendly environments and favorable tax policies.

3. Appoint a Registered Agent Each state requires a company to have a registered agent based in the U.S., who is responsible for receiving legal documents and official notices.

4. File Registration Documents and Pay Fees Typically, this involves submitting Articles of Organization for LLCs or similar documents to the state and paying the associated registration fee.

5. Apply for an Employer Identification Number EIN Even without a U.S. Social Security Number SSN, it is possible to apply for an EIN online through the IRS. This number serves as the company’s tax identification number.

6. Open a Corporate Bank Account Some U.S. banks allow non-residents to open accounts remotely, while others may require in-person visits.

The entire process can be completed online and does not necessarily require the individual to remain in the U.S. for an extended period. For holders of a B-1 visa, completing these steps during a lawful stay is entirely feasible.

III. Key Considerations for Company Operations

While registering a company is permissible, business visa holders must be cautious about engaging in long-term management or operational activities within the U.S. For example, if you are the sole shareholder and manager of the company but operate the business from within the U.S. for an extended period, this may be considered a violation of visa regulations.

Operating a company also involves various responsibilities, including tax compliance, annual reporting, and state fees. Even if you do not reside in the U.S., your company must meet all federal and state reporting requirements. Failure to do so can result in penalties or the revocation of the company.

It is highly recommended to consult with an experienced attorney or accountant before registering a company. They can help ensure compliance and advise on whether it is necessary to hire U.S.-based managers or partners to handle day-to-day operations.

IV. Recent Developments U.S. Remains Open to Foreign Investment

According to the latest data released by the U.S. Department of Commerce in 2025, the United States remains one of the most attractive destinations for global investment. Despite the impact of geopolitical factors on cross-border investments in recent years, sectors such as technology, manufacturing, and green energy continue to attract strong interest.

In early 2025, the U.S. Department of State updated its guidance on business visas, emphasizing that the purpose of these visas is to promote legitimate international business exchanges. The updated policy encourages foreign investors to explore the U.S. market while complying with existing regulations. This policy direction provides greater confidence for business visa holders considering company registration in the U.S.

V. Future Opportunities and Options

For business visa holders, registering a company can serve as a strategic way to test the U.S. market. If long-term operations are the goal, individuals may consider transitioning to other visa categories, such as the EB-5 investment visa or the L-1 intracompany transferee visa. However, any such plans must be carefully planned and executed in full compliance with U.S. immigration and tax laws.

Failing to understand and respect visa limitations and tax obligations can lead to unnecessary legal risks.

Conclusion

Registering a company in the United States offers international investors a valuable opportunity to enter the world’s largest market. Business visa holders can take this step within the bounds of the law. By understanding the rules, following compliance procedures, and planning for the long term, company registration is not only feasible but can also serve as a crucial starting point for future business growth.