Ownership is not authorisation
Investor & Employee Visas in the United States
Owning a US company gives you no right to work in it, or even to enter the country.
GCC business setup specialists
Formation and immigration are entirely separate
Foreign nationals can own US companies freely, and many do so without any immigration status. What ownership does not do is permit you to work in the business, live in the United States, or enter on anything other than your usual visa basis. Working without authorisation is a serious matter, and a visitor visa does not permit it. The route to working in your own company is a separate application on its own merits.
- The separation between ownership and work rights made clear
- Realistic route identified, including when none exists
- Referral to immigration counsel where an application is viable
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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What is available
Business-related US routes
Each has a gating requirement.
| Route | Who it is for | Gating requirement |
|---|---|---|
| Treaty investor | Investors from treaty countries | A qualifying treaty must exist with your country |
| Intracompany transferee | Staff of a related foreign company | A qualifying relationship and prior employment |
| Specialty occupation worker | Professional employees | Annual numerical limit and selection process |
| Extraordinary ability | Individuals with recognised standing | Substantial evidentiary burden |
| Investment-based residence | Larger investors creating jobs | Significant capital and job creation |
| Visitor | Meetings and negotiation only | Does not permit working |
Immigration categories, treaty country lists, numerical limits and evidentiary standards are set by federal law and policy and change. Immigration applications require US immigration counsel, to whom we refer. We handle US formation and compliance set-up and co-ordinate with US tax, immigration or regulatory counsel where advice is needed. We do not give US tax, immigration or securities advice.
How it works
Establishing whether a route exists
The honest answer is sometimes none.
01
Check the basics
Your nationality, whether a treaty exists with your country, and whether you have a related foreign employer — these determine which routes are even open.
02
Assess viability
Whether the available route is realistic on your facts, in terms of investment, prior employment or evidentiary standing.
03
Refer and support
Referral to immigration counsel for the application, with the corporate side — entity, documentation, payroll — handled by us to support it.
- Your nationality and country of residence
- Whether a qualifying treaty exists with that country
- Whether you own or work for a related foreign company
- How long you have worked for that company
- The role you would perform in the US
- Investment amount contemplated
- Whether US jobs would be created
- Your qualifications and professional standing
- Whether you hold any prior US visa
- Any prior visa refusal or overstay
- Whether family would accompany you
- Timeline
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Explanation of how ownership and work rights differ
- Preliminary check of which routes are open to you
- Honest view where no realistic route exists
- Referral to US immigration counsel
- Corporate documentation to support an application
- Payroll and employment set up where required
- Co-ordination between counsel and the corporate side
- Timeline expectations set realistically
Not included, quoted separately
- Government filing fees, paid at cost
- US immigration advice and applications
- Immigration counsel fees
- Petition preparation
- Consular interview preparation
- Decisions of the immigration authorities
- Relocation and accommodation
- Personal tax advice
Verify independently
Relevant US authorities
We file directly with these bodies on your behalf.
United States Patent and Trademark OfficeUS Citizenship and Immigration ServicesInternal Revenue ServiceState labour and revenue departmentsFinancial Crimes Enforcement NetworkState financial regulators
Questions
US business immigration — FAQs
I own a US company — can I work in it?
Not without work authorisation. Ownership and the right to work are entirely separate, and working without authorisation is a serious matter.
Can I visit on a tourist or business visitor visa and run the company?
You may attend meetings and negotiate, but performing work is not permitted on a visitor basis. The distinction is enforced.
Is there a treaty investor route for my country?
Only if a qualifying treaty exists with it, and a number of substantial economies have none. That is the first thing to check, and it ends the conversation for some nationalities.
Does investing a large sum get me residence?
There is an investment-based residence route with significant capital and job creation requirements. It is a genuine route but a demanding one.
Do you handle visa applications?
No. We refer you to US immigration counsel and handle the corporate side that supports the application. Anyone bundling US visas into a formation package should be treated with caution.
Go deeper
More United States services
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For founders and business decision-makers considering paid business services. Not for job applications, employment searches or personal visa-only requests.
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At Black Swan Business Setup Services, our mission is simple: to empower entrepreneurs and companies of all sizes to establish and expand their presence in the UAE, Oman, Saudi Arabia, Bahrain, and beyond.
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