- Business and Immigration FAQs
U.S. Immigration FAQ (Business & Consular Processing)
Using ESTA
What activities am I allowed to do on ESTA?
You may travel to the U.S. for short-term business or tourism, including attending meetings, negotiating contracts, or visiting clients. You likely cannot work, receive U.S.-source compensation, or provide services to a U.S. company.
Can I work remotely while in the U.S. on ESTA?
Generally no. Even remote work can be problematic if it benefits a U.S. entity. Limited incidental work for a foreign employer may be permissible, but this is a high-risk area.
What happens if my ESTA is denied?
You must apply for a B-1/B-2 visa at a U.S. Embassy. ESTA denials often trigger additional scrutiny, so preparation is critical. See more here.
How long can I stay in the U.S. on ESTA?
Up to 90 days per visit. Extensions and changes of status are not allowed.
U.S. Visa Appointments & Consular Processing
How do I schedule a U.S. visa appointment in Copenhagen?
You must complete the DS-160 form, pay the visa fee, and schedule through the embassy’s online system. Appointment availability varies significantly.
Can I expedite a U.S. visa appointment?
Yes, in limited circumstances such as urgent business needs or humanitarian reasons. Expedite requests must be well-documented.
What happens at a U.S. visa interview?
A consular officer will assess your eligibility, intent, and ties to your home country. Most interviews are brief and focused on your purpose of travel.
Why was my visa refused under 214(b)?
This means the officer was not convinced you have sufficient ties outside the U.S. or that your visit is temporary. It is the most common refusal ground.
After Visa Denials or Issues
Can I reapply after a visa refusal?
Yes. However, you should address the reason for the refusal before reapplying, or the outcome is likely to be the same.
What happens if I overstay ESTA?
Overstaying can void your eligibility for ESTA and may lead to future visa ineligibility or travel bans.
What if I have a criminal record?
Having a criminal record does not automatically bar you from getting a U.S. visa—but it significantly complicates the analysis. U.S. immigration law (primarily the Immigration and Nationality Act, or INA) sets out specific categories of inadmissibility, and criminal history is one of the most scrutinized. Even small offenses can lead to visa denials.
E-2 Visa (Investor Visa)
Who qualifies for an E-2 visa?
Nationals of treaty countries who make a substantial investment in a U.S. business and will direct and develop that business. See more here.
How much investment is required for an E-2 visa?
How long does E-2 visa processing take?
Processing times vary by embassy but typically range from a few weeks to several months depending on workload and case complexity. Furthermore, counsel will need time to prepare and submit the application. Generally, once the application is submitted, the applicant is able to schedule an appointment within a week. The appointment availability is generally 2-4 months from when the scheduling calendar is opened.
Can I apply for an E-2 visa from Denmark?
Yes, if you are a Danish national or otherwise eligible to apply at the U.S. Embassy in Copenhagen.
U.S. Business Setup & Hiring Employees – FAQ
Starting a Business in the U.S.
Can a foreigner start a business in the United States?
Yes. There is no citizenship or residency requirement to own a U.S. company. However, owning a business does not, by itself, grant work authorization or a visa.
Do I need a visa to start a U.S. company?
No. You can form and own a company without a visa. But you need proper work authorization (such as an E-2 or L-1) to actively manage or work in the business.
What is the best state to form a U.S. company?
It depends on your goals. Many choose Delaware for its corporate framework, but operating location, tax considerations, and visa strategy often matter more.
How long does it take to set up a U.S. company?
Formation can take a few days, but opening bank accounts, structuring operations, and preparing for visa purposes typically takes several weeks.
Business Structure & Compliance
Should I form an LLC or a corporation?
An LLC offers flexibility and simpler tax treatment, while a corporation (often a C-Corp) may be better for raising capital or scaling. The right choice depends on ownership, tax planning, and immigration strategy.
Do I need a U.S. address or office?
Yes, you generally need a registered address. For visa purposes (e.g., E-2 or L-1), a real, operational presence is often required—not just a virtual office.
Do I need a U.S. bank account?
Yes, to operate a legitimate business. Opening an account can be challenging without U.S. presence and proper documentation.
Hiring Employees in the U.S.
Can my U.S. company hire U.S. employees?
Yes. Once properly set up, your company can hire U.S. workers, provided you comply with employment and tax laws.
What do I need to hire employees legally?
You must obtain an Employer Identification Number (EIN) from the Internal Revenue Service, verify work authorization, and comply with payroll, tax, and labor regulations.
Do I need to verify employee work authorization?
Yes. Employers must complete Form I-9 and verify each employee’s eligibility to work in the U.S.
What taxes do I need to pay as an employer?
Employers must withhold income taxes and pay Social Security, Medicare, and unemployment taxes at the federal and state levels.
Costs, Timing, and Practical Issues
How much does it cost to start a business in the U.S.?
Costs vary widely but typically include formation fees, legal costs, and operational expenses. For visa purposes, investment levels may be significantly higher.
How long does it take to hire employees?
Hiring timelines depend on the role. U.S. workers can be hired quickly, while visa-sponsored hires may take months.
Do I need a lawyer to start a U.S. business?
Not legally required, but highly advisable—especially where immigration, tax, and cross-border structuring intersect.
Immigration Considerations for Founders
Can I work for my own U.S. company?
Only if you have proper work authorization. Options often include E-2 (investor) or L-1 (intracompany transfer).
What is the best visa for starting a business in the U.S.?
Common options include E-2 (for investors from treaty countries) and L-1 (for expanding an existing foreign business into the U.S.).
Can I move to the U.S. if I open a company?
Not automatically. You must qualify for a visa that allows you to live and work in the U.S.
