Do you need a visa to own a US company

Owning a US company and being allowed to work in the US are two separate questions, answered by two separate bodies of law. This guide explains where the line sits for owners living abroad. It does not give immigration advice, which you should take from an immigration lawyer.

By Mirza Fahad Baig, Chartered Accountant. Reviewed by Hamza Fida, Chartered Accountant. Checked against official sources on . 2 minute read.

Short answer

No. You do not need a US visa to form or own a US LLC or corporation, and you can run it from abroad. What a visa controls is being in the US and working there. Owning a company does not give you a right to live or work in the US, and working in the US for your company generally requires authorization. Take immigration advice before doing so.

At a glance

Visa needed to own a US company?
No
Visa needed to form one?
No. It can be done remotely
Running it from abroad
Allowed, subject to your own country's rules
Working in the US for your company
Generally requires authorization
Does ownership give a visa?
No
Tax link
US work and time in the US affect your US tax position
Do you need a visa to own a US companyVisa needed to own a US company?: No; Visa needed to form one?: No. It can be done remotely; Running it from abroad: Allowed, subject to your own country's rules; Working in the US for your company: Generally requires authorization; Does ownership give a visa?: No; Tax link: US work and time in the US affect your US tax position.KEY FACTS AT A GLANCEDo you need a visa to own a US companyVisa needed to own a US company?NoVisa needed to form one?No. It can be doneremotelyRunning it from abroadAllowed, subject to yourown country's rulesWorking in the US for your companyGenerally requiresauthorizationDoes ownership give a visa?NoTax linkUS work and time in theUS affect your US taxpositionChecked against official sourcesTax BakersDo you need a visa to own a US companyVisa needed to own a US company?: No; Visa needed to form one?: No. It can be done remotely; Running it from abroad: Allowed, subject to your own country's rules; Working in the US for your company: Generally requires authorization; Does ownership give a visa?: No; Tax link: US work and time in the US affect your US tax position.KEY FACTS AT A GLANCEDo you need a visa to own a UScompanyVisa needed to own a US company?NoVisa needed to form one?No. It can be done remotelyRunning it from abroadAllowed, subject to your own country's rulesWorking in the US for your companyGenerally requires authorizationDoes ownership give a visa?NoTax linkUS work and time in the US affect your UStax positionChecked against official sourcesTax Bakers
Key facts at a glance, as set out in this guide.

Can a foreigner own a US company without a visa?

Yes. State company laws do not restrict ownership by nationality or residence, and no federal law requires owners of a US LLC or corporation to hold a visa. You can form the company, get its EIN and file its returns from abroad. See whether a non-US resident can own a US LLC.

What needs a visa?

Being in the United States, and working there. A visa, or visa waiver entry where you are eligible, controls whether and for what purpose you can enter. Working in the US, including for a company you own, generally requires a status that authorizes that work. Owning the company does not provide that status.

What can you do on a business visit?

Visitor status is designed for activities such as meetings, negotiations and conferences, not for doing productive work in the US. The line between permitted business activity and unauthorized work is set by immigration law and depends on the details. If you plan to be in the US for your company, check with an immigration lawyer what your intended activities allow.

Are there visas for company owners?

Yes. There are categories aimed at investors, transferring managers and people with particular skills or achievements, each with its own requirements and processing. Which, if any, fits depends on your nationality, the investment, the business and your role. This is specialist immigration advice.

  • Working in the US for your LLC is one of the clearest signs of a US trade or business, which can make the business profit taxable in the US. See what counts as a US trade or business.
  • Time spent in the US counts towards the substantial presence test, which can make you a US resident for tax. See the substantial presence test.
  • Tax status and immigration status are separate. An ITIN gives no immigration benefit, and a visa does not decide your tax residence on its own.

What should you do?

Form and run the company from abroad without any visa. Before spending working time in the US, speak to an immigration lawyer about status, and look at the tax effects of that time.

Setting up a US company from abroad?

We handle the company and tax side from start to finish. For immigration questions, we recommend speaking to a US immigration lawyer.

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Questions people ask

Do I need a visa to own a US LLC?

No. You can form and own a US LLC or corporation without a US visa.

Can I work in the US for my own company?

Generally only with an immigration status that authorizes that work. Owning the company does not provide it.

Does owning a US company give me a visa or green card?

No. Ownership alone gives no immigration status. Some visa categories are aimed at investors and business owners, with their own requirements.

Can I run my US company from abroad?

Yes, as far as US law is concerned. Your own country's tax and business rules still apply.

Sources

Every fee, date and rule on this page was taken from these official and primary sources.

  1. IRS Publication 519: U.S. Tax Guide for Aliens
  2. IRS: Instructions for Form W-7 (Rev. December 2024)
  3. IRS: Employer identification number, including international applicants

Rules and fees change. If you are reading this long after September 30, 2026, confirm the figures with the source before you rely on them.

Foreign-owned and non-resident companiesCan a non-US resident own a US LLCForeign-owned and non-resident companiesUS trade or business: what counts for a foreign-owned LLCForeign-owned and non-resident companiesResident or non-resident for US tax: the substantial presence test

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This guide is general information. It is not tax or legal advice for your situation.