Status · B-1 / B-2 / ESTA
B-1/B-2 visitor boundaries: scouting vs. operating
How to explore, incorporate, and negotiate in the U.S. without crossing into unauthorized labor.
published 10 August 2026 · verified 18 August 2026
The gap, named · our reading of the rule
Visitors assume that incorporating an LLC on a B-1 visa or ESTA allows them to physically manage daily operations while in the U.S. While incorporating is allowed, performing local labor is prohibited.
The Regulatory Framework
Under 22 CFR § 41.31, business visitors may negotiate contracts, consult associates, and open corporate bank accounts. However, managing day-to-day operations or delivering services while physically in the U.S. violates visitor status.
How entrepreneurs prepare for this conversation
- Step 1: Limit Trip Scope: Keep visits focused on board meetings, contract negotiations, and lease execution.
- Step 2: Delegate Local Management: Appoint U.S. personnel or contractors to manage operational activities.
Attorney Interrogation Sheet (What to Ask)
- Does my planned trip itinerary comply with B-1 business visitor standards?
- What evidence should I present at entry to prove business intent?
What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.
Sources · primary law first, our own notes labelled as such
22 CFR 41.31 — business visitors regulations
9 FAM 402.2 — Foreign Affairs Manual visitor guidance
Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.
Put a number on it. Search Brief
If this one has a date on it. Request The Corner. We read every request and tell you whether it is a question the published rules can help with or one only your attorney should answer. Nothing is charged until we have. Request the room →