U.S. Business Services

01. U.S. Entity and Business Structure

You'll first need to decide what form your U.S. business will take.

• Forming a U.S. subsidiary

• Operating a branch

• Forming an LLC or Corporation

• The ownership relationship between the Korean parent and the U.S. entity

• Establishing U.S. business premises and a genuine operating base

• EIN and various business/tax registrations

• U.S. bank account and initial capital management

• Whether you can form an entity and whether you can assign employees based on that entity are two separate questions. Forming a U.S. entity alone does not grant the right to work or reside in the United States, so a visa matching the assigned employee's actual duties and position must be reviewed separately.

02. Assigning Employees from the Korean Parent Company

One of the most important issues in a company's U.S. market entry is assigning personnel from the Korean parent company. Depending on the company's ownership structure, the operating status of the U.S. business, and the employee's work history and role at the parent company, the following visas may be considered.

• The two paths Korean companies most often consider for assigning employees to the U.S. are L-1 and E-2 Employee.

01. L-1 Visa

• This assigns an executive, manager, or specialized-knowledge employee to the U.S. based on a qualifying corporate relationship — parent, subsidiary, branch, or affiliate — between the Korean parent company and the U.S. business. Applicants generally need a certain period of prior work experience at a qualifying overseas related company, so managing the assigned employee's career history is an important part of the U.S. entry plan.

02. E-2 Employee Visa

• This assigns an employee who shares the same treaty-country nationality as the U.S. E-2 business and who serves as an executive, manager, or an employee with special qualifications or skills essential to the business's operations. Because Korea has an E-2 treaty relationship with the United States, a Korean-owned U.S. business that meets the requirements may consider assigning a Korean national employee under E-2 Employee status.

03. Which One Is Better?

• There's no across-the-board answer as to which visa is more advantageous. Factors that can influence the decision include:

• The ownership structure between the Korean parent and the U.S. entity

• How long the Korean parent has been operating

• The U.S. entity's formation and business progress

• The assigned employee's work history at the Korean parent company

• Whether the employee is an executive or manager

• The actual duties to be performed at the U.S. entity

• The company's technology and the employee's expertise

• Future U.S. green card plans

• The number of employees to be assigned and the timing

• Reviewing these factors from the early stages of U.S. market entry can reduce the risk of having to revisit ownership or personnel plans later because of visa constraints after the entity has already been formed.

04. Can a Newly Formed U.S. Entity Assign Employees?

• It may be possible. However, a new U.S. entity that doesn't yet have a substantial track record or workforce may need to explain the substance of its business and its future operating plan from a different angle than an established business would. For example, in an L-1 New Office case, factors such as whether the U.S. business premises are actually ready to operate, whether sufficient physical space has been secured, and whether the business plan and investment scale can support the assigned personnel may become important. E-2 similarly requires more than simply registering a U.S. entity — there must be an actual operating business and investment structure behind it. As a result, it's advisable to design the ownership structure and business plan needed for a future visa application at the same time the U.S. entity is being formed.

05. Can On-Site Work in the U.S. Be Done on a B-1?

• This is an area companies need to be especially careful about. B-1 is not a general U.S. work visa. The following activities are generally considered within the scope of B-1:

• Meetings with U.S. business partners

• Contract negotiations

• Market research

• Attending trade shows or conferences

• Discussions with business partners

• Reviewing investment opportunities

• Installation, servicing, or training for industrial equipment that meets certain requirements

• Specialized training or knowledge transfer that meets certain requirements

• On the other hand, performing general production, construction, or operational work at a U.S. site like a regular employee can require separate work authorization. Companies sending Korean technical staff to the U.S. for a short period during factory construction, equipment installation, or production-line setup should confirm the actual scope of work in detail before departure.

STEP 1. Review the Entry Structure

• Purpose of U.S. market entry

• Industry

• Region of entry

• Ownership structure

• Estimated investment scale

• Deciding the U.S. business entity type

STEP 2. Form the U.S. Entity

• Deciding the state of formation

• Deciding the entity type (LLC / Corporation)

• Registered Agent

• Formation filing

• EIN

• Bank account

• Required business and tax registrations

STEP 3. Select Personnel to Assign

• U.S. entity representative

• Executives / managers

• Technical personnel

• Sales / business development personnel

• Installation / training personnel

• The appropriate visa can vary depending on each person's role.

STEP 4. Develop a Visa Strategy

• Compare available paths — L-1, E-2 Employee, B-1, H-1B, O-1, and others — and develop an application strategy that fits your actual timeline.

STEP 5. Operate the U.S. Business

• Even after obtaining visas, you'll need to continuously manage the company's actual business operations, hiring, accounting and tax filings, and the corporate records needed for visa extensions.

※ If You're Assigning Multiple Employees at Once

• Large-scale U.S. investments or factory/facility projects may require assigning several employees to the U.S. at the same time. In these cases, it's important to manage the following at a company-wide level, not just on a case-by-case basis.

• Shared corporate records for the U.S. entity and the Korean parent

• Each assignee's position and duties

• Assignment timing

• The appropriate visa type for each employee

• Interview schedules

• Whether family members will accompany

• Visa expiration and renewal schedules

• Plans for additional future assignments

• Having a standardized set of company records and a personnel-assignment management system can reduce repetitive paperwork and errors.

※ If You're Also Considering a Green Card Long-Term

• If a company's key personnel will be working in the U.S. long-term, a long-term green card strategy can be considered in addition to nonimmigrant visa planning. Depending on the company's structure and the applicant's background, the following employment-based immigration categories may be considered.

• EB-1C (Multinational Executive/Manager)

• EB-1A

• EB-2

• NIW

• EB-2 / EB-3 via PERM

• Since nonimmigrant visas and green cards each have separate requirements, it's important to plan with long-term personnel strategy in mind from the early stages of U.S. entry.

For a company entering the U.S. market, entity formation, visas, and tax/accounting are not separate, independent tasks. The structure of the U.S. business can affect the requirements for an employee assignment visa, and the assigned personnel and investment method can, in turn, affect corporate operations and tax structure.

DaeYang Immigration Law Group organizes the procedures a company needs based on its actual U.S. market entry plan, and works with relevant specialists — centered on U.S. employee assignment visas — to jointly review the key issues that arise throughout the process.

Key Services

• Pre-entry review for U.S. market entry

• Review of the Korean parent / U.S. entity structure

• U.S. employee assignment visa strategy (L-1A / L-1B)

• E-2 Employee

• Review of B-1 business trips and activities

• Corporate visas including H-1B / O-1

• Simultaneous assignment of multiple employees

• Visa renewal and status maintenance

• Coordination with U.S. entity formation

• Coordination with Korea-U.S. tax and accounting

• Long-term green card strategy

Features of DaeYang's Services

1. A U.S. Visa Strategy Tailored to Your Company's Needs

Companies that need visas for purposes such as employee assignment require a strategy from specialists based on entity formation and operations that comply with U.S. immigration law. DaeYang provides visa solutions optimized for each company's needs.

2. Expert Understanding of Visa Categories

Companies need to quickly and accurately understand and prepare for a range of visa categories. For example, L-1, E-2 Employee, J-1, H-1B, and O-1 each require different documents and procedures. DaeYang Immigration Law Group recommends the visa category best suited to your company and helps you move through the process quickly and efficiently.

3. Handling Visas for Multiple Employees

Companies may need to file visa applications for multiple employees at once. Processing several applications simultaneously can take significant time and increase the risk of errors. DaeYang Immigration Law Group has the systems and experience to handle large volumes of visa applications effectively.

4. Legal Counsel

Legal issues can arise when companies deal with U.S. visa matters. DaeYang Immigration Law Group resolves legal issues that may come up during the visa process and provides counsel to help companies avoid legal problems.

5. Visa Renewal and Ongoing Maintenance

Companies need long-term management of visa renewals and status maintenance for their foreign employees. DaeYang Immigration Law Group tracks renewal deadlines so none are missed and helps take the necessary steps before a visa expires.

6. Strategies for Visa Denials

If a visa application is denied, a company needs a strategy it can act on immediately. A specialized firm analyzes the reason for denial and provides a strategy for reapplication to minimize the impact on the company's visa matters.

7. Embassy Interview Training

Because the embassy interview is essential to visa issuance and a common source of mistakes, our attorney provides direct training on it to maximize the approval rate.

Depending on the business purpose, the role, and the length of stay, the candidates are typically L-1, E-2 Employee, B-1/B-2, J-1, H-1B, and O-1. Each category has its own documents and procedure, and many of them presuppose a U.S. entity set up and operated in line with U.S. immigration law, so the strategy should be designed from the earliest stage.

Yes. Filing for many people at once does make scheduling, document standardisation, and error control harder. DaeYang has a dedicated process and experience in handling volume visa filings, so a company can run them together as one program.

Yes. The reason for the refusal is analysed first, then supporting evidence is prepared to address that specific ground before refiling. Resubmitting the same package immediately after a refusal is the most common mistake.

Yes. The consular interview is both essential and a frequent source of mistakes, so DaeYang’s U.S. attorney personally conducts interview coaching to raise the approval rate.

Yes. Corporate clients are supported across U.S. non-immigrant visas (expatriate and employee assignments, small-scale investment, business visits), immigrant visas (EB-5, EB-1, NIW, EB-3EW, family sponsorship), and tax and accounting work (Korea-U.S. tax advice, international inheritance and gifts, U.S. incorporation, asset transfer and tax-efficiency planning).

DaeYang supports corporate clients through a dedicated process: visa strategy built around the business purpose, category-specific expertise, volume visa handling, legal advice while cases are in progress, renewal and maintenance so expiry dates are never missed, and refusal analysis with a refiling strategy.