Legal Question in Immigration Law in New York

Question: I am a Danish citizen with a MBA from the US and I would like to start a company that will run a retail and wholesale bakery business. The scope of the company will include trade and a few food products might also be imported from Denmark to be sold in the US. My goal is to obtain a visa that will allow me to live in the US for as long as possible and go on with my venture.

Visa options

H1-B visa: Can I incorporate under my father�s name and have him sponsor me to manage the operations of the start-up in the US?

E1 visa: Denmark has an E1 treaty with the US. Can I obtain an investor work visa if the business is not yet existent (by showing a business plan that will show my intention to be involved in trade between the two countries)? I am planning on doing so through the American embassy in Denmark.

Thank you in advance.


Asked on 7/19/10, 4:34 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

E visa seems to be a better option.

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Answered on 7/19/10, 7:45 am
Rachel Baskin Rachel Baskin, Attorney at Law

Based on your post, it seems like an E visa would be more appropriate than an H-1B visa. You should speak with an attorney to discuss all of your possibilities in detail (including the H-1B, E-1 and E-2 visas).

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Answered on 7/19/10, 7:54 am


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