Immigration Considerations for Indian Entrepreneurs: Owning and Operating a Business in the United States

The United States continues to be a leading destination for innovation, growth, and entrepreneurship—including for a rising number of Indian business owners. While Indian nationals can legally own and invest in U.S. businesses without physically relocating, active day-to-day management within the U.S. requires proper immigration authorization.

This guide explains the key immigration pathways, legal boundaries, and strategic options for Indian entrepreneurs looking to operate or expand their businesses in the U.S.

1. Ownership Without a Visa: What’s Allowed

Indian citizens are allowed to incorporate and fully own U.S. business entities—such as LLCs or C-Corporations—even without holding any U.S. visa or residency.

What You CAN Do Without a Visa:

  • Own a company and earn profits
  • Hire U.S.-based employees or service providers
  • Operate the business remotely from India
  • Receive dividends and business returns

What You CANNOT Do Without a Visa:

  • Physically manage or operate the U.S. business
  • Supervise employees or conduct sales/business on-site in the U.S.
  • Travel for work purposes without a valid visa

2. Immigration Options for Active Business Involvement

If you intend to run, manage, or scale your business within the U.S., immigration pathways are essential. Below are the most relevant visa options for Indian entrepreneurs:

A. E-2 Treaty Investor Visa (Currently Unavailable to Indian Citizens)

The E-2 visa allows investors from treaty countries to live and work in the U.S. by investing in and managing a business.

Highlights:

  • Requires a “substantial” capital investment
  • Renewable in 2–5-year increments
  • Enables employment in the invested business

However:
India does not have an E-2 treaty with the U.S.
Workaround:
Some Indian entrepreneurs acquire citizenship of E-2 eligible countries (e.g., Grenada, Turkey) via Citizenship-by-Investment (CBI) programs and then apply for the E-2 visa.

B. L-1 Intracompany Transfer Visa

Perfect for Indian entrepreneurs who want to expand into the U.S. by transferring themselves or key employees from an existing Indian business.

Highlights:

  • Must have worked for the Indian company for at least 1 year in the past 3 years
  • Two categories:
    • L-1A (Executives/Managers) – valid up to 7 years
    • L-1B (Specialized Knowledge Employees) – valid up to 5 years
  • Requires opening a U.S. branch, affiliate, or subsidiary
  • Allows spouse to work in the U.S. under L-2 visa

Required Documents:

  • Strong business plan
  • Proof of office lease or address
  • Operational projections and job creation plan

C. EB-5 Immigrant Investor Visa: Path to a Green Card

The EB-5 visa allows foreign investors to obtain a U.S. Green Card by making a qualifying investment and creating jobs for U.S. workers.

Highlights:

  • Investment threshold:
    • $1.05 million (standard areas)
    • $800,000 (Targeted Employment Areas or TEAs)
  • Must create at least 10 full-time jobs
  • Leads to permanent residency and eventually U.S. citizenship
  • Covers spouse and children under 21

Options:

  • Direct Investment (in your own business)
  • Regional Center Investment (passive projects)

Processing Time: Typically 2–3 years, though timelines vary.

3. Additional Visa Options for Business Travel or Employment

Depending on your situation, the following alternatives may apply:

  • B-1 Business Visa: For short visits related to meetings, negotiations, or market research (not for day-to-day operations).
  • H-1B Visa: Sponsorship as an employee for specialty roles.
  • O-1 Visa: For individuals with extraordinary achievements in business or related fields.

Each visa type has specific eligibility, documentation, and limitations—professional guidance is strongly advised.

4. Legal Strategy and Immigration Planning Tips

Your immigration path should align with your long-term business and financial goals. Consider the following:

  • Match your business model and investment to the visa criteria
  • Prepare a comprehensive business plan with job creation and financials
  • Maintain clean records for both Indian and U.S. entities
  • Consult with a U.S. immigration attorney to prevent delays or rejections

Conclusion: Build Your Business and Your Future with the Right Immigration Route

The ability to own and operate a business in the U.S. as an Indian citizen depends greatly on choosing the correct immigration strategy. Whether you’re looking to expand using an L-1 visa, pursue permanent residency via the EB-5, or invest remotely, having a solid plan ensures legal compliance and long-term success.

How Indam Advisors Can Help

At Indam Advisors, we specialize in supporting Indian entrepreneurs with end-to-end U.S. market entry services, including:

  • Business formation
  • Taxation and banking support
  • Immigration consulting through vetted attorneys
  • Financial advisory and CPA referrals

Let us help you scale confidently in the United States—with full legal, operational, and immigration support.