A UK Entrepreneur’s Guide To Doing Business In The US

Entrepreneurs like to think big – and there aren't many bigger playgrounds for entrepreneurs than the United States of America. But if you're thinking of heading to the US to do business there, you won't be able to do so without fulfilling certain visa and entry requirements.

There are a number of different options that might be suitable for you depending on your circumstances and the kind of work you are planning to do – here are some of them.

### Visa Waiver Program

There are 37 countries participating in the US Visa Waiver Program (VWP) and the UK is among them. So if you are a British citizen passport holder, under the VWP you can visit the US for various purposes, including certain types of business.

If you are travelling using the VWP, you need to apply for an ESTA. This stands for Electronic System for Travel Authorisation and it involves providing details online at least 72 hours before you travel. Without an ESTA you won’t be able to travel.

When you arrive you will be assessed by US Customs and Border Protection, who will require evidence that you have sufficient funds to support yourself during your stay.

### B1 visa

B visas come in two forms: the B1 visa issued to those travelling to the US for business purposes, and the B2 visa for those travelling for tourism or non-business purposes. However, they’re usually combined and issued as a B1/B2 visa, typically valid for six months.

A B1 visa doesn’t allow you to work in the US, but certain business activities are permitted, such as negotiating and signing contracts, purchasing supplies or materials, holding business meetings, attending and exhibiting at conventions, settling an estate and performing certain professional services.

### E2 visa

The E2 visa is of particular relevance to startup entrepreneurs because it allows people to enter and work inside the US based on an investment they will be controlling. It is valid for five years but there’s no limit to the number of times it can be renewed.

So if your ambition is to start a new company in the US, an E2 visa could be what you need. However, your investment needs to be “substantial” – big enough to start and operate the business. There are no specific rules on the amount you need to invest – it will be judged according to the type of business you plan to start.

### O1 visa

The O1 visa could also be of interest to you if you want to start an enterprise in the US. However, it’s not easy to obtain one – you need to possess “extraordinary ability” in the sciences, arts, education, business or athletics. You’ll be required to provide evidence of your extraordinary ability, such as awards and honours, published material you’ve written, articles written about you, work of major significance, a high salary, participation on judging panels, membership of prestigious associations or employment in an essential capacity for a distinguished organisation.

If you’re considered talented enough for an O1 visa, it will be valid for up to three years, after which it can be extended one year at a time, with no limit to the number of extensions you could get.

Whichever type of visa you apply for, research all your options, examine the details carefully and make sure you adhere to the terms.