SETTING UP A US COMPANY
AS A NON-RESIDENT
Establishing a business in the United States as a non-U.S. citizen involves several key rules and regulations. Here are some important points to consider:
Legal Structure: Non-U.S. citizens can set up various types of business entities, such as Limited Liability Companies (LLCs), Corporations (C Corps or S Corps), or Partnerships. The choice of legal structure affects taxation, liability, and regulatory requirements.
Visa Requirements: Depending on the business activity, a non-U.S. citizen may need a suitable visa to operate a business in the U.S. Common visa categories include:
- L-1 Visa: For intra-company transferees.
- E-2 Visa: For investors in a business.
- H-1B Visa: For specialty occupations.
Registered Agent: A business must have a registered agent with a physical address in the state where the business is formed. This agent receives legal documents on behalf of the business.
Business License and Permits: Depending on the location and type of business, specific licenses and permits may be required. This can include state, local, and federal licenses.
Employer Identification Number (EIN): An EIN is necessary for tax purposes, especially if the business has employees. Non-U.S. citizens can apply for an EIN through the IRS.
Opening a Bank Account: Non-U.S. citizens can open a business bank account in the U.S., though they may need to provide documentation such as an EIN, business registration documents, and identification.
Compliance with Local Laws: Businesses must comply with local, state, and federal regulations, which may vary significantly depending on the industry and location.
Taxation: Non-U.S. citizens may be subject to different tax rules. It’s essential to understand both federal and state tax obligations, and it may be advisable to consult with a tax professional.
Foreign Ownership Limitations: Certain industries, such as telecommunications and aviation, may have restrictions on foreign ownership. It's crucial to check industry-specific regulations.
If you're considering establishing a business in the U.S., consulting with legal and business professionals is highly advisable to ensure compliance with all relevant laws and regulations.
US Legal Filing Team.
- Limited liability for shareholders.
- Well understood and accepted.
- Able to raise significant capital.
- Offset against future profits.


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