Fennemore Immigration Director Alycia Moss and International Trade Director Les Glick presented a practical webinar covering the key trade, tariff, and immigration considerations for U.S. importers and Malaysian agricultural businesses entering, investing in, or operating in the United States on September 2, 2026, at the Malaysian Agricultural and Horticulture and Agrotourism Show.
Alycia Moss’s discussion focused on an issue that becomes increasingly important as Malaysian agricultural and food businesses look toward the United States: how to move the right people to and from the United States legally and strategically as a business grows.
For an agribusiness considering a U.S. presence, immigration is not simply a question of obtaining a visa. The appropriate immigration strategy depends on what the business is actually trying to accomplish. As mentioned during the presentation, the visa should match the business activity.
Start with the business plan
The most common scenario is when a Malaysian company wants to explore the U.S. market, invest in or acquire a U.S. agricultural or food-processing operation, establish a subsidiary, or otherwise build a U.S. presence. Once that decision is made, the company may need executives, managers, technical specialists, or workers on the ground in the United States.
Before selecting a visa category, businesses evaluating their options typically begin by considering three questions.
First, what will the person actually do in the United States? Will the individual attend meetings and negotiate contracts, manage employees, oversee production, provide technical expertise, make sales, or perform hands-on labor?
Second, who is the U.S. entity? Is it an existing company, a new subsidiary, an acquisition target, a customer, or an unrelated company?
Third, how long is the plan? Is the person coming for several days, several months, a multi-year assignment, or as part of a permanent expansion?
Those answers often narrow the realistic immigration options quickly. One practical rule is particularly important: when the proposed activity looks like U.S. employment, it should not be forced into a visitor visa simply because the company would prefer a simpler process.
B-1 status has an important but limited role
The B-1 business visitor category can be useful for Malaysian executives and business representatives, particularly during the early stages of evaluating a U.S. opportunity. Meetings, negotiations, conferences, site visits, and certain types of market research may fit within the business-visitor framework.
The problem arises when a visitor begins functioning as a U.S. employee, in other words, engaging in productive work.
Managing a U.S. workforce, running production, performing paid work, or replacing U.S. labor can create significant immigration problems. The distinction is practical: use a business visitor status to prepare the deal, not to operate the business.
L-1 can be the workhorse for expansion
For a Malaysian company establishing or expanding a related U.S. operation, the L-1 classification can be a good fit.
L-1A is designed for executives and managers transferring within a qualifying corporate relationship. It can also support the establishment of a new U.S. office. L-1B is available for employees with specialized knowledge, which can be particularly relevant to businesses built around proprietary agricultural processes, equipment, supply chains, production systems, or specialized product knowledge.
The corporate structure and the employee’s history matter. A strong L-1 case generally requires evidence concerning ownership and control, the employee’s qualifying employment abroad, the proposed U.S. position, the U.S. business plan, premises, and staffing. For a new office, the business must also be developed sufficiently to support the proposed managerial or executive role.
E treaty options – Malaysia lacks the treaty
An E-1 or E-2 visa can be an attractive option for traders, entrepreneurs, and investors from treaty countries. But nationality matters. Unfortunately, Malaysia is not currently listed by the U.S. Department of State as an E-1 or E-2 treaty country.
That means a Malaysian national may qualify for an E visa only if the individual also holds nationality from a qualifying treaty country. Instead, immigration planning should begin early enough to consider alternatives such as L-1, H-1B, O-1, EB-1C, EB-5, or changes to the underlying ownership or corporate structure where legally appropriate.
This is one reason immigration counsel should be involved early in an acquisition or expansion. Ownership, nationality, corporate control, and the structure of the transaction can affect whether a proposed immigration strategy works at all.
Other employment categories may fill specific needs
Other visa categories can also have a place in an agricultural business’s workforce strategy.
H-1B may work for specialty-occupation positions requiring a bachelor’s degree, although timing and numerical-cap considerations can make it less predictable. O-1 can be useful for individuals with substantial achievements in fields such as science, business, entrepreneurship, or technical work. H-2A and H-2B can address certain temporary or seasonal labor needs. But these workforce categories should not be confused with executive-transfer strategies.
Think about permanent immigration from the beginning
Temporary immigration and permanent immigration should not be treated as completely separate projects.
Once a U.S. operation is genuine and operating, immigration planning can move from initial presence toward permanence. That often means three stages: entering the United States under a status that matches the initial activity, building the U.S. operation with appropriate staffing and corporate infrastructure, and then considering permanent-residence options.
Depending on the facts, those options can include EB-1C for qualifying multinational managers and executives, EB-5 for qualifying investors, EB-2 with a National Interest Waiver, or generally labor market test and Form I-140 sponsorship for certain employment-based positions.
The important point is that permanent immigration is easier to evaluate when the business has been structured correctly from the beginning.
Immigration planning is also risk planning
For businesses expanding across borders, immigration compliance is ultimately business-risk management.
A company must ensure that employees have appropriate work authorization and that employment is properly documented through the I-9 process. Payroll, supervision, and corporate control should be consistent with the employee’s immigration status. Corporate records should tell the same story as the immigration petition: ownership, capitalization, affiliate relationships, contracts, staffing, and business activities should all align.
The goal is not simply to obtain a visa. The goal is to create an immigration strategy that supports and protects the underlying business.
Better planning starts with better information
Evaluating a U.S. expansion typically involves gathering key information at the outset, including the corporate ownership structure, incorporation and affiliate documents, the U.S. business plan, proposed premises and investment, staffing and revenue projections, the individual’s resume and employment history, the proposed U.S. role, and the underlying transaction documents such as letters of intent, purchase agreements, trade contracts, and customer or supplier agreements. Access to this information can help clarify which immigration options may be available.
The faster those facts are known, the faster the realistic immigration options can be tested.
For Malaysian agribusinesses considering investment, expansion, or operations in the United States, immigration should therefore be part of the business plan instead of being an issue addressed after the deal is already structured. The strongest strategy begins by understanding what the business needs to do in the United States, who needs to be there, how the operation will be structured, and where the company ultimately wants to go.
That approach allows immigration law to support the business rather than constrain it.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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