LLCの設立

Detailed explanation of LLCの設立 based on official information from USCIS・国務省. Insurance Management

Published: January 12, 2026

Forming an LLC in the U.S. for Foreign Nationals: A Guide to Work Visas and Immigration Pathways

1. Overview

A Limited Liability Company (LLC) is a popular U.S. business structure that combines the liability protection of a corporation with the tax flexibility and operational simplicity of a partnership. For foreign nationals, forming a U.S. LLC can be a strategic step toward establishing a business presence and potentially securing long-term work authorization. However, it is crucial to understand that simply forming an LLC does not grant immigration status or the right to work or live in the United States. The LLC is a business entity, while work authorization requires a separate, approved visa or status from U.S. Citizenship and Immigration Services (USCIS). This article outlines how an LLC intersects with U.S. work visa categories and the critical compliance steps involved.

2. Applicable Objects & Scenarios

This information applies to:

  • Foreign entrepreneurs and investors seeking to start or invest in a U.S.-based business.
  • Foreign professionals who wish to own a U.S. business and work for it.
  • Existing business owners abroad looking to establish a subsidiary or operational arm in the United States.
  • Individuals who have formed or are considering forming a U.S. LLC and need to legally work in the company.

Key scenarios include using the LLC as the sponsoring entity for a work visa, or as the investment vehicle for an investor visa.

3. Core Conclusions

  • Entity vs. Status: An LLC is a legal business entity formed under state law. It is entirely separate from an immigration visa or status, which is governed by federal law.
  • No Automatic Work Rights: Ownership of an LLC does not confer any immigration benefits. To work for the LLC in the U.S., you must obtain appropriate work authorization.
  • Sponsorship Required: In most cases, the LLC itself must petition for you (the owner/employee) to get a work visa. The LLC acts as the sponsor or petitioner.
  • Visa Options Vary: The appropriate visa depends on your role, investment level, nationality, and business activities (e.g., E-2, L-1, H-1B, O-1, EB-5).
  • Compliance is Dual: You must comply with both state requirements for maintaining the LLC and federal immigration rules for maintaining your visa status.

4. Procedures & Steps

Step 1: Preparation & Business Formation

  1. Develop a Business Plan: Create a detailed plan outlining the business concept, market, financial projections, and job creation (especially for investor visas).
  2. Choose a State for Formation: Select a state (like Delaware, Wyoming, or the state where you will operate) to register your LLC. Consider legal, tax, and filing requirements.
  3. Form the LLC: File Articles of Organization with the chosen state, appoint a Registered Agent (often required for foreign owners), and create an Operating Agreement.
  4. Obtain an Employer Identification Number (EIN): Apply for an EIN from the IRS. This is mandatory for tax purposes and for filing visa petitions.
  5. Open a U.S. Business Bank Account.
  6. Determine the Appropriate Visa Pathway: Consult with an immigration attorney to assess which visa category aligns with your business and personal qualifications.

Step 2: Visa Application & Submission

  1. Prepare the Visa Petition: With your attorney, prepare the specific forms and supporting evidence for the chosen visa. The LLC will be the petitioner.
    • Examples: Form I-129 (for H-1B, L-1, O-1), Form I-526 (for EB-5), or DS-160 and treaty application (for E-2).
  2. Gather Supporting Documents: This typically includes proof of LLC formation (Articles, EIN), business financials, your qualifications, a detailed job description, and evidence the business can pay the offered wage.
  3. File the Petition: Submit the petition with the correct government fee to the appropriate USCIS service center or consulate.

Step 3: Review & Confirmation

  1. USCIS/Consulate Adjudication: The government reviews the petition. Processing times vary widely by visa type.
  2. Respond to Requests for Evidence (RFEs): If additional information is requested, respond promptly.
  3. Petition Approval: If the petition is approved, you will receive a notice (e.g., Form I-797 for H-1B, or I-526 receipt for EB-5).
  4. Visa Application/Interview: For some visas (like E-2, L-1), after petition approval, you must apply for the visa stamp at a U.S. consulate abroad and attend an interview.
  5. Admission to the U.S.: Upon entry with the valid visa, a U.S. Customs and Border Protection officer grants the specific work status.

5. Frequently Asked Questions (FAQ)

Q1: As an LLC owner, can I sponsor myself for a work visa? A: Yes, but with strict conditions. The LLC must be a legitimate, operating entity separate from you. It must file the petition on your behalf, and you must meet all the visa requirements (like a specialty occupation for H-1B or a substantial investment for E-2). Self-sponsorship is closely scrutinized.

Q2: What is the fastest work visa for an LLC owner? A: The processing time depends on the visa. The E-2 Treaty Investor visa often has relatively faster processing at consulates. Premium Processing (for an additional fee) is available for certain petitions like H-1B, L-1, and O-1, guaranteeing a 15-calendar-day review by USCIS.

Q3: Do I need to hire American employees? A: For most common work visas (H-1B, L-1, O-1), there is no direct requirement. However, the EB-5 Immigrant Investor Program requires creating at least 10 full-time jobs for qualified U.S. workers. The E-2 visa also looks favorably on job creation.

Q4: Can an LLC help me get a Green Card? A: Indirectly, yes. Some work visas are "dual intent" (like L-1 and H-1B) and can be stepping stones to a Green Card, typically through employment-based sponsorship (like EB-1C, EB-2, or EB-3). The EB-5 program provides a direct path to a Green Card through investment.

Q5: What are the minimum investment requirements? A: Please verify with official sources. The E-2 visa has no fixed minimum, but the investment must be "substantial." The EB-5 program has specific minimum investment amounts (e.g., $1,050,000 or $800,000 in a Targeted Employment Area), which are subject to change by Congress.

Q6: Can I form an LLC while on a tourist visa (B-1/B-2)? A: Yes, you can legally form an LLC. However, you cannot work for the LLC or actively manage its day-to-day operations while in the U.S. on a tourist visa. Such activity violates the terms of the visa.

6. Risks & Compliance

  • Immigration Compliance: Working without authorization is a severe violation that can lead to deportation and future visa bans. Always secure the correct visa before beginning work.
  • Maintaining Visa Status: You must adhere to all conditions of your visa, such as working only for the sponsoring LLC in the specific role approved.
  • Business Compliance: The LLC must remain in good standing: file annual reports, pay state fees and taxes, and maintain a registered agent.
  • Investment Risks: Investor visas (E-2, EB-5) carry the financial risk of business loss. An unsuccessful business can also jeopardize visa renewal or Green Card conditions.
  • Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or immigration advice. Laws and regulations change frequently. You must consult with a qualified U.S. immigration attorney and tax professional for guidance specific to your situation.

7. References & Sources

8. Related Topics

  • E-2 Treaty Investor Visa
  • L-1 Intracompany Transferee Visa
  • H-1B Specialty Occupations Visa
  • EB-5 Immigrant Investor Program
  • U.S. Business Tax Obligations for Foreign-Owned Companies
  • Forming a Corporation (C-Corp, S-Corp) in the U.S.
← Back to Knowledge Base
Get StartedGet Quote