> it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services"
That's correct -- you have to apply before arriving, and I think it's also true that you need to have a job lined up as well. But you can certainly work here.
> as freelancers have no employers this is not a solution for my case.
Even freelancers eventually settle on an employer.
That is nit allowed. The US government does a "control test" of sorts. You cannot be in any way in control of your employment. Owning more than 50% would definitely rule you out. Even in a startup with 5 co-founders (owning 20% each), the fact that you're a co-founder might lead them to believe that you're in control of your employment, and hence rule you out.
The primary test there is that there must be someone above you who can fire you.
What I'm asking is really, how does one take their company to the USA and start trading, working and living there? and is it any different if the company only employs the founder?
This is not really that easy. I would say, start by looking into L-1A and EB-1C, if you want to establish a subsidiary in the US. It's the easiest route. There are two options:
* There's the EB-5. You could establish a subsidiary of your foreign parent company in the US using this visa, or even start fresh new company with it. It requires that you invest $1 million ($500k in some cases), create (or "preserve") 10 jobs for American citizens or greencard holders by the end of the first year (that you're in the US). There are probably other requirements. You can look it up. For more info: https://en.wikipedia.org/wiki/EB-5_visa Unless you have $1 million+ and a solid business plan lying around, this isn't really an option.
* The other option is the L-1A and EB-1C for mutinational executives and managers. This can also be used to establish a subsidiary in the US. Assuming you are the owner/CEO of your company, I would imagine it being subject to more scrutiny (stringent requirements). Generally though, I would assume the primary test would be in terms of how "big" your company is (in terms of revenue, number of employees, etc.)
Warning: IANAL. This is just knowledge I've picked up here and there. You should really look research this though. Generally though, the US doesn't want individuals "self-immigrating" -- that's why there are so many laws and guards it. Think of it this way: if you could immigrate to the US via your startup (say you spent $300k on your startup), then how many more people (non-startuppers) would try to imitate and do that? There are millionaires who would love to move to the US but can't due to the immigration system there.
If you don't mind a slightly conservative culture, and would like to avoid paying taxes -- you can check out the various emirates of the UAE. You could move to the UAE, and not have to pay the (from what I hear) 40% taxes in Europe. If the tax is 40%, no tax means a 66% rise in actual after-tax income. :-) The UAE has laws specifically set up for foreigners to come in and start businesses in the country. It's extremely start-up (and freelance consultant) friendly. You generally apply through a "free zone authority". FWIW Dubai is probably one of the most modern cities in the world. There's a lot of fun stuff to do there. One free zone authority is the DMTFZA (based in Dubai): http://www.dtmfza.gov.ae/en/current-business-partners/regist... Another (slightly cheaper) option is the RAK Free Trade Zone: http://www.rakftz.com/en
For freelance consultants, in the RAK Free Zone, a company license + the Flexi office rental costs $5k and needs to be renewed yearly. A work visa (your 1-man company can sponsor you), costs $2k/year. You could think of it as tax (although it really isn't) -- and it's still a lot less than what tax you'd be paying in Europe.
- If you have more than $1 million, go for the EB-5.
- If not, ask a lawyer if the EB-1C and L-1A can be used to move to the US in the manner you described. I don't know if it's possible. My hunch is that it's not.
No, but there is plenty of encouragement for technically skilled foreign workers here. Getting a work visa should not be a difficult issue.
http://travel.state.gov/visa/temp/types/types_1271.html