I am an entrepreneur running a startup in my home country. I came to USA on B1 visa and have recently registered a Delaware LLC company and got EIN. Now I need ITIN to open bank account for business. I also want to invest in US stocks. I am thinking to apply for ITIN via agent. Am I applicable to apply for ITIN?, if yes then will it effect my future entrance into country or renewing my visa?

P.S; I have no intent to stay and work from here. I just needed company to access stripe and some other service and may be for future fund raising.

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    What exactly are your plans here? You've come to the US on a visitor visa and established a company. Will you be managing that business? If you're performing activities inconsistent with a visitor status, such as actively managing your business, then that could certainly harm your future chances of entering the country regardless of whether you apply for an ITIN. – Zach Lipton Apr 2 at 1:31
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    "Running a startup" and opening bank accounts for it are likely to be seen as activities inconsistent with B2 status. – DavidSupportsMonica Apr 2 at 3:03
  • I havent done it myself. I used Delaware website to hire agent and they did everything. I could have done it from my home. I wont stay here or make physical company here. The only reason I am doing this is to get access to online services like stripe and for future investments. (Strip Atlas also provide this service). Is this inconsistent with B1/B2? – Ali Ahmed Apr 2 at 7:02
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    I have searched and found that I can open bank account, do business research and get office space on B1. Only I can't stay here and manage the business or hire the people, which I am not planning to do. – Ali Ahmed Apr 2 at 7:11
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    @David I agree. Generally "running" a business while present in the US would be a violation, but running it from abroad except for brief trips for acceptable meetings would be okay (consultations with business associates, conferences, and contract negotiations are explicitly mentioned by USCIS). – phoog Apr 2 at 17:35

You should probably be fine, because US immigration rules are not generally aimed at restricting investment activities that are primarily conducted from abroad.

Applying for an ITIN itself should not be a problem for future US entry or US visa applications. You will have to provide your ITIN (US Taxpayer ID Number) on any future US visa application since it is a question on Form DS-160, so you should be prepared to answer questions about it. The main thing is to make sure you can still convincingly show that you are visiting the US as a temporary visitor without immigrant intent, and that your activities in the US are consistent with the B-1 temporary visitor status. From your comments, it sounds like you've already studied the rules about permissible activities.

Whether you are eligible for an ITIN depends on your tax situation. You should read the ITIN application (Form W-7) and its instructions. You may be eligible for an ITIN because you have a US-based LLC (see page 11, Exception 1(a) of the instructions).

  • It's not clear whether OP was admitted in B-1 or B-2 status. – phoog Apr 2 at 16:51
  • Well, I'm assuming he was truthful at the border and the border officer was attentive, which should have resulted in being admitted as B-1. Not sure if those assumptions are justified. – krubo Apr 2 at 17:15
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    Caveat: if you spend much time in the US, and especially if you spend more than 183 days in one year by combining trips or getting a B-1 extension, you may become a resident for tax purposes (which may alter your tax quite a bit) even though you are not a resident for immigration purposes. Read both sets of rules. Welcome to the land of the bureaucracy and the home of the complicated! – dave_thompson_085 Apr 3 at 22:31
  • @dave_thompson_085 the US is hardly unique in having different definitions of "resident" under tax and immigration law. In fact, under US immigration law, the term "resident" does not itself have much meaning, although "lawfully admitted for permanent residence" is formally defined, as is the more general "residence." The latter is defined explicitly to exclude considerations of legal status: "the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent." – phoog Apr 8 at 3:24

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