🇮🇳 Starting a US 🏦 C-Corp from India

Tax Treaty Status

US-India tax treaty in force — reduces withholding to 15% on dividends, 10-15% on royalties

US Banking Access

Mercury is #1 for Indian founders. Brex also works. Chase sometimes requires US visit for new accounts.

DTAA (Double Taxation Avoidance Agreement) between US and India in force

H-1B holders must be careful about active business ownership — consult immigration attorney

Indian RBI regulations may restrict outward remittances above $250,000/year

GIFT City (Gujarat) has special provisions for US-registered entities

H-1B

Available to India nationals. Consult an immigration attorney for eligibility.

L-1

Available to India nationals. Consult an immigration attorney for eligibility.

O-1A

Available to India nationals. Consult an immigration attorney for eligibility.

EB-5

Available to India nationals. Consult an immigration attorney for eligibility.

Eligibility signals

Potentially relevant signals include sustained recognition in the founder’s field and a well-documented plan for the founder’s intended US work. Meeting individual signals does not establish eligibility; the petition must be evaluated as a whole under current requirements.

Evidence themes

Evidence may include independently verifiable awards or recognition, published coverage, judging, original contributions, leading or critical roles, compensation, expert letters, and business or role documentation. Quality, independence, and context matter; these themes are not a guaranteed checklist.

Timeline expectations

Planning should treat evidence review, petition preparation, USCIS adjudication, and—where applicable—consular processing or change of status as separate stages. Duration varies by case, filing service, and post, so any planning range is an estimate and no approval date should be promised.

Founder-specific considerations

Company ownership, a genuine US role, the petitioner or employer structure, and work authorization should be reviewed together by counsel. Forming an LLC or C-Corp by itself does not create an O-1A pathway or authorize work in the United States.

Eligibility context

The founder-facing route is generally L-1A for an executive or manager. L-1B may be relevant when specialized knowledge is the applicable classification. The beneficiary normally needs at least one continuous year of qualifying employment abroad for the related organization within the applicable lookback period. Meeting one fact alone does not establish eligibility; the petition must be assessed as a whole under current requirements.

Qualifying business and employment

The foreign and US entities must have a qualifying relationship—parent, subsidiary, affiliate, or branch—and active business operations in India and the United States. Evidence should support the beneficiary’s qualifying foreign role and a genuine US executive, managerial, or specialized-knowledge role. Owning or forming a US LLC or C-Corp alone does not establish an L-1 relationship or work authorization; founder-owned companies also need an ownership/control review. A new-office case may require evidence of the proposed US organization, premises, funding, and ability to support the role.

Key steps

Document the foreign company and qualifying relationship; form or expand the US entity; prepare the organization chart, business plan, office, and financial evidence as applicable; and have the US petitioner file Form I-129 with the L classification supplement. Complete premium processing, change-of-status, or consular-processing steps only when applicable. Preparation and adjudication timelines vary by case and filing path, so all timelines are estimates and approval is not promised.

Estimated costs

Government petition: plan for about $1,385 for a regular Form I-129 L filing or about $695 for a small employer/nonprofit filing, before applicable additions. Additional fees: an initial L petition may include a $500 fraud-prevention fee and an asylum-program fee of about $600 ($300 for a small employer; $0 for a nonprofit); a $4,500 large-employer fee may apply in qualifying cases. Optional premium processing: about $2,805. Attorney fees: often several thousand dollars or more depending on complexity. US entity/new-office setup: state filing, registered agent, premises, staffing, and operating costs vary widely. These are planning estimates; USCIS fees can change and may depend on petitioner size/status. Verify current USCIS fees before filing.