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Can a Non-Resident Set Up a Company in the USA?

Can a Non-Resident Set Up a Company in the USA?

Starting a business in the USA can be exciting. After all, it is a dream nation for anyone looking to expand their business. There are several business opportunities you can leverage when you set up a company in the USA, including a lucrative market, top-notch legal system, a favorable economic environment, technological advancements, access to a skilled talent pool, and much more.

But the question arises – can a non-citizen set up a business in the United States?

The answer is – YES. A non-citizen or a non-resident can start a business in the U.S. It is not necessary for you to be an American resident or a citizen, or even hold a Green Card if you plan to start an LLC or corporation in the United States.

Can a Non-Resident Set Up a Company in the USA

So, if you are a non-citizen or non-resident of the U.S., and want to set up a company in the country, here’s everything you should know.

Can I Participate or Own a U.S. Business If I am a Non-Citizen?

Typically, there are no restrictions on a non-citizen to set up a company in the USA. The procedure is somewhat similar to that for a U.S. citizen, though there are several considerations and more complex steps to follow than the latter.

However, you might find the process of incorporating a business in the USA a bit cumbersome, especially due to the amount of documentation required, getting a work permit, taxation, and other factors. Here, it is worthwhile to seek expert consultation from an attorney or business advisor who can guide you through the process.

Do I Need to Have a Visa to Set Up a Business in the USA?

As we mentioned earlier, you do not need to be a citizen or a lawful resident of the USA to set up a company. You do not even need to be physically present to own a sole proprietorship, LLC, or a corporation in the U.S. However, if you want to work in the U.S. for the business you set up, you will require to obtain a visa.

Being a shareholder, partner, or director of a company that is set up in the U.S. is allowed without a visa. But being in the U.S. and working for your business is not allowed unless you have a valid work visa. Different types of visas you would need to set up a company in the USA and get a work permit are:

  • E-1 Treaty Trader Visa
  • E-2 Treaty Investor Visa
  • L-1 Multi-National Transfer Visa
  • Permanent Residency Visa
  • H-1B visa

set up a company in the USA

Key Considerations to Start a Company in the USA as a Non-Resident

There are several stages of setting up a business in the USA. Here we have covered the points quickly:

1) Determination Stage

Here are the key steps that will go in the determination stage to set up a company in the USA:

  • Where to set up and incorporate your U.S. business?
  • Protect your intellectual property in the U.S., including logos, trademarks, trade secrets, and patents
  • Know whether you need any special license to sell your product or service in the U.S.
  • Do you need a visa or fulfill other immigration needs?
  • Which capital markets in the U.S. you can leverage – self-funded, direct investment, loans, or grants?
  • Determine your need for office infrastructure and hire a talent pool adhering to the federal, state, or local employment laws
  • Check if tax incentives are available or other options that can help reduce your tax burden

2) Planning Stage

To set up a company in the USA, you need to determine the following:

  • Whether you want to establish a limited liability company or a corporation
  • The name of the company
  • Where to register a business name in the USA
  • The hierarchy of the company and their roles & responsibilities
  • Capitalization of the company

3) Action Stage

Here are the steps to finally establish a business in the U.S.:

  • File your company incorporation documents and follow the required procedures
  • Provide the right documents for due diligence
  • Get an Employer Identification Number or the Tax Identification Number
  • Open your U.S. bank account

Set Up a Company in the USA

At any stage, if you feel overwhelmed taking the right decision, filing for incorporation, documentation, or opening a U.S. bank account, then seek expert advice from a business advisor. With the right consultation and legal support, they can help you set up a company in the USA. 

We are Ready to Help You

You may need assistance with the following issues during the establishment of your business, the running of business operations, or the stages of closing your business.

Expert lawyers and professional consultancy save you time and money at these stages. We are always ready to help you.

 To start and run your business in the USA, you need a lot of documentation to be prepared. When you need business licenses and permits, we can help you. You cannot be an expert in every subject you need. An expert consulting firm you can trust will save you time and money.

Comprised of experienced business attorneys, marketing experts, and business advisors, Liberty Business has the answers to any questions or needs a blossoming business may have.

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