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How to Start a Business in the U.S. As a Foreign National

Do you want to learn how to start a business in the U.S. as a foreign national? If so, look no further. We can help you with all the details you need to know for participating in business activities in the United States. All you need to do, first, is to book a call to speak to us here: https://mollaeilaw.com

Table of Content


No. Contents
1. Learning How to Start a Business in the U.S. as a Foreign National
2. Learning about How to Start a Business in the U.S. as a Foreign National: How Long Will It Take?
3. How to Start a Business in the U.S. as a Foreign National and Obtain a Bank Account
4. Obtaining an EIN
5. How to Start a Business in the U.S. as a Foreign National and Know Which Entity to Pick
6. Setting Up and LLC
7. How to Start a Business in the U.S. as a Foreign National by Setting Up a Member-Managed LLC
8. How to Start a Business in the U.S. as a Foreign National by Drafting an Operating Agreement
9. How to Start a Business in the U.S. as a Foreign National and Comply with U.S. Regulatory and Tax Requirements
10. What Happens Next?

 

Learning How to Start a Business in the U.S. as a Foreign National

While the U.S. offers plenty of opportunities for learning how to start a business as a foreign national, it also has some restrictions. For example, you cannot create an S Corporation as a foreign national who lives outside of the U.S.

This election is only offered to U.S. residents or non-alien residents. Otherwise, most foreign start-ups or businesses will usually choose to create a limited liability company (LLC) or a C corporation.

In most cases, setting up an LLC is preferred, as it is less expensive and involves fewer formalities. To learn more about setting up this business entity, you can speak to me anytime.

Email sam@mollaeilaw.com for further details. In this case, we would form an off-shore LLC, so you can own a U.S. business as a foreign national.

You will not face many restrictions on foreign ownership of a U.S. company as long as you incorporate as a C corporation or set up an LLC. In fact, the process for forming a company in the U.S. is the same for foreign nationals as it is for U.S. citizens. 

However, with that being said, you cannot own a C Corporation or LLC and work in the U.S. without the proper paperwork. While you can serve as a director or shareholder of a U.S. Corporation, you cannot perform the duties of a director in the U.S. without a visa.

Doing so can get you deported or subject you to some hefty fines.

 

Learning about How to Start a Business in the U.S. as a Foreign National: How Long Will It Take?

You cannot learn how to start a business in the U.S. as a foreign national without learning about the timeline for the process. The processing time for most states is about 15 days.

However, some states, like Alabama, can have processing times that take as long as 180 days (or 6 months). Other states, like Michigan, may have a processing time of about 30 days or a month. By knowing how long the process will take, it will be easier to plan your business set-up, and to know what to expect.

 

How to Start a Business in the U.S. as a Foreign National and Obtain a Bank Account

If you want to know how to start a business in the U.S. as a foreign national, you will need to check with a lawyer about obtaining a business bank account. I can give you the steps to follow to make this happen. You can discuss this legal service when you contact me online. Email sam@mollaeilaw.com for all the details today.

 

Obtaining an EIN

You will also need my guidance for getting an Employer Identification Number (EIN) for your business for tax reporting purposes. You cannot open a business bank account without this number.  

To open the bank account, you will to supply an EIN, your passport, as a photo I.D., proof of address, paperwork to show your business has been registered, and proof of a business address. You can more easily get over this hurdle when you solicit help from a reputable business attorney. 

 

How to Start a Business in the U.S. as a Foreign National and Know Which Entity to Pick

If you wish to know how to start a business in the U.S. as a foreign national, you need to decide which entity to form. While a C corporation or LLC are the most common formations, you may also pick the following entities – a partnership, sole proprietorship, or cooperative. To protect yourself against personal liability and reduce your taxes, it is still best to choose an LLC. 

 

Setting Up and LLC

Since an LLC is the most commonly selected entity, you will need to do the following:

  1. Choose a name for your business. Make sure the name has not already been taken by accessing the Secretary of State’s office data base of company names. This should be done in the state where you plan to form an LLC.
  2. After you choose and verify a business name, file your articles of organization with the Secretary of State.
  3. Choose a registered agent. This can be an individual or service that will receive official paperwork for your company during business hours  and during the business week. Do not use the address for the registered agent as your company’s address.
  4. Select between a member-managed or manager-managed LLC.
  5. Create an operating agreement for you LLC.
  6. Comply with U.S. tax and regulatory guidelines.
  7. File your LLC’s annual report.

These steps need to be followed in succession and require legal help and support. Email sam@mollaeilaw.com to learn more about forming an LLC as a foreign national.

 

How to Start a Business in the U.S. as a Foreign National by Setting Up a Member-Managed LLC

If you want to know how to start a business in the U.S. as a foreign national, you need to decide on whether the LLC will be managed by the members or by a manager. While most LLCs are member-managed, some LLCs may be governed by one or more managers. 

An LLC manager oversees the LLC much the same way a Board of Directors oversees the business of a corporation. LLC managers vote on specific issues, such as buying real estate, forming management strategies, or applying for financing. 

Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start

 

How to Start a Business in the U.S. as a Foreign National by Drafting an Operating Agreement

When you learn more about how to start a business in the U.S. as a foreign national, you will also find out about drafting internal documents, such as the LLC operating agreement. 

While you do not have to file an operating agreement with the state, you should have one drafted to answer any questions about operations. This agreement allows you to establish how your company will be run and how disputes will be handled.

If you do not have an operating agreement in place, the law of the state where you have your LLC will govern your LLC’s policies.

 

How to Start a Business in the U.S. as a Foreign National and Comply with U.S. Regulatory and Tax Requirements

Once you better know how to start a business in the U.S. as a foreign national, you can also better acquaint yourself with the regulatory and tax requirements in the U.S. For example, let’s look how these requirements may apply to your LLC.

  • If an LLC has more than 1 member, you need to obtain an EIN or employer identification number, whether or not it has employees. If you have a one-member LLC, you need to obtain an EIN if you want the LLC taxed as corporation. As a foreign national, you will need the number, as well, to apply for a U.S. bank account.
  • You may need to obtain business licenses or permits to conduct business in a certain locale or state.
  • If you sell goods and collect sales taxes, you need to register with the appropriate tax authority.

As you can see, you need to make sure you have professional legal support for meeting tax or regulatory guidelines. Contact me for help with these details. Email sam@mollaeilaw.com today.

In addition, you have to file an annual report for an LLC and submit a filing fee each year. 

 

What To Do Next

If you want to know  more details on how to start a business in the U.S. as a foreign national, my staff and I can answer your questions.

Book a call to us here: https://mollaeilaw.com. Learn more about forming a U.S. business while operating overseas.

Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start

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