Can a Non-U.S. Citizen Start a Business in the USA?

If you are wondering, “Can a non-U.S. citizen start a business in the USA?” you have come to the right place. The good news is that foreign citizens can begin a business in the U.S., and the process for doing so is much the same as it is for U.S. residents.

Table Of Contents

No. Content
1. Can a Non-U.S. Citizen Start a Business in the U.S. Without a Green Card?
2. Can a Non-U.S. Citizen Start a Business in the U.S. by Registering an LLC?
3. Mollaei’s Legal Tips for Non-U.S. Residents
4. Can a Non-U.S. Resident Start a Business in the U.S. without the Help of a Lawyer?
5. Establishing Your Company
6. The Determination Phase
7. The Action Phase
8. What Happens Next?

The following information will give you some basic details about starting a business in the U.S. successfully. Because the U.S. represents the “land of plenty,” it provides a good place for start-ups to flourish.

To realize your goals for starting a U.S. business, you can count on me and my legal team for direction and support. Book a call to speak to us here:

To give you further inspiration for starting a U.S. business, below are some reasons by the U.S. draws this type of interest all over the world.

  • The U.S. offers competitive tax rates.
  • The country also gives venture capital access to foreign citizens.


Can a Non-U.S. Citizen Start a Business in the U.S. Without a Green Card?

If you are wondering, “Can a non-U.S. citizen start a business in the U.S. without a green card?” the answer is “yes.” You don’t have to have a green card. You only need to invest.

However, you also need to realize that starting a U.S. business and working in the U.S. are 2 different things.

For example, as a foreign citizen, you can become a director or corporate officer of a U.S. company. However, that does not mean you can live or work in the U.S. To work in the U.S., you need to get a green card and work permits. 

While you can own a U.S. business and make money from the profits, you still need to pay the taxes on the earnings. Should you wish to relocate and work in the U.S., you need to go through the process of obtaining a green card.

I have the legal expertise and cultural insight to help you start a U.S. based business. To begin the process, email today. I can steer you in the right direction.


Can a Non-U.S. Citizen Start a Business in the U.S. by Registering an LLC?

If you have been contemplating, “Can a non-U.S. citizen start a business in the U.S. by registering a limited liability company (LLC)?” the answer to this question is a definite “yes!”

Not only do most non-U.S. citizens elect to start an LLC, they are able to do so with relative ease, provided they seek help from a U.S.-based attorney. I have plenty of experience and insight in this area. Therefore, email for further information.


Here are some tips I would like to share before you begin your start-up journey.

  • Most foreign clients will begin an LLC versus a C Corporation to avoid the double taxation imposed by this type of incorporation. I usually suggest that a foreign citizen start an LLC in the state of Wyoming, as the filing is more private and more affordable. Wyoming provides a friendly business atmosphere for both U.S. and foreign investing activities.
  • You will need to file a tax return for your business each year. Therefore, you will need to retain ongoing legal services to make sure you remain compliant. Your business can be shut down fast if you don’t pay the necessary business fees or remit your taxes.
  • If you plant to incorporate your business in the U.S., you will need to provide a U.S. address.
  • Should you decide to form an LLC, that may be a good move, as a foreign company can own an LLC in the U.S.


Can a Non-U.S. Resident Start a Business in the U.S. without the Help of a Lawyer?

If you have questioned, “Can a non-U.S. resident start a business in the U.S. without a lawyer’s help?” you will find that is difficult, if not almost impossible, to do. This is especially true if you have not gone through the process before.

The best way to start a business in the U.S. successfully is to align yourself with a legal expert – someone who will be your mentor and advocate.

I can help you with all the details of starting a U.S. business as a non-resident. You only need to email to begin the process. 


Establishing Your Company

Before you begin you venture, you have to prepare. You will therefore go through 3 phases – a determination phase, a planning phase, and an action phase. Doing so will make it easier to go through the registration process.

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The Determination Phase

During this phase of preparation, you will need to determine where you will establish your U.S.-based business or where to incorporate your U.S. company. You will also have to consider what you will need to do to secure logos, trademarks, trade secrets, and patents.

I can help you file for trademarks and patents and provide you with information on trade secrets and logos. You can contact me anytime. Emai;

You will also need to find out if you need to obtain special licenses or permits. To learn more about this aspect, you will need legal help and advice. During this phase, as well, you should go over any immigration needs.

If you plan to spend some time in the U.S. overseeing your business venture, you will have to check on getting a business visa.

Will you need staffing? If so, you should review your budget with respect to virtual office spaces and brick-and-mortar leasing. You will also need to review U.S. federal, state, and local employment legislation. 

During this juncture, you should also review your business needs for supply chain distribution, marketing, and the related services. Ask your lawyer or accountant about tax incentives and what you can do to lessen your tax burden.

During the company planning phase, you will need to choose a company name, make sure it is unique, and register it. You also need to plan whether you should incorporate or establish a limited liability company (LLC). Next, you have to decide where you want to set up your LLC or incorporate. 

During the planning phase, you will need to determine capitalization. This involves determining the number of share, their par value, and the market price for each share.

During this phase, you also need to name the shareholders, directors and officers, and define their responsibilities.


The Action Phase

As a non-resident, you will need to do the following during the action phase of starting a U.S. business:

  • Submit the necessary paperwork to register your company.
  • Form the business by filing incorporation documents or establishing an LLC with the state office for filing.
  • Follow up with the formation process of the state where you set up your business. Each state has different requirements.
  • Hold an organizational meeting where you appoint directors and officers and issue shares of stock.
  • Obtain an employer identification number of EIN. You need this number to file your business taxes and set up a business bank account.
  • File a BE-13 Survey form with the Bureau of Economic Statistics in the U.S.
  • Open a business bank account.
  • Begin operations – buy or rent any needed office space, work virtually, hire employees, and market your products and services.

By following the 3 phrases of beginning a U.S. business, at least you have a better idea of what is involved financially and legally.


What To Do Next

If you are asking the question, “Can a Non-U.S. citizen start a business in the USA without a lot of experience?” The answer is “yes,” as long as you have the backing of a legal professional.

Let’s begin the journey today. Email for a consultation. I have the knowledge and experience to help you invest in a U.S.-based business and run it successfully.

Email or to book a call to speak to us here:

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