Asked in Immigration Law and Business Law for California

Q: I am Australian citizen and registered my company in Australia. Any legal problem if I come to US to some business?

Like visa problem stop me doing so or if I am restricted to get income from the company.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As an Australian citizen wishing to conduct business activities in the U.S., it's essential to ensure you have the correct visa. The type of visa you need depends on the nature and duration of your business activities. For short-term business visits, such as attending meetings or conferences, a B-1 visa or an ESTA under the Visa Waiver Program may be appropriate.

However, if you plan to work in the U.S. or engage in activities that go beyond what's allowed under a B-1 visa or ESTA, you may need a different type of visa. Options could include an E-2 Treaty Investor visa, particularly relevant if you're investing in a U.S.-based business, or an L-1 visa if you're transferring within your own company.

Regarding income, while on a B-1 visa or ESTA, you are generally restricted from receiving income from U.S. sources for the work performed during your stay. For longer-term work and income generation, the appropriate work visa is necessary.

Given the complexities of U.S. immigration law, it's advisable to consult with an immigration attorney. They can provide specific guidance based on the details of your situation, ensuring compliance with U.S. immigration regulations and avoiding potential legal issues.

Remember, the key is to align your visa status with your intended business activities in the U.S. Proper planning and legal advice can help ensure a smooth experience while conducting your business affairs.

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