It is not hard to find foreign entrepreneurs seeking to establish a company in the United States. While there is a welcoming environment for migrants willing to work hard and thrive,US immigration lawhas strict rules applied to specific aspects of the operation.
Can foreign entrepreneurs stay in the United States afterstarting a business? Read on to find out.
Can I Stay in USA If I Start a Business? – The Verdict
US law does not restrain foreign citizens or non-US residents from owning a business in the country. Accordingly, as long as they meet the basic tax and administrative requirements, foreigners can form a US company from scratch or purchase an existing business.
However, it does not necessarily mean that owning aUS businessautomatically affects the owner’s immigration status. While your immigration status does not affect your ability to establish a company in the United States, it determines whether you can live in the country as a permanent resident.
Simply establishing a business on US soil does not result in a resident or work visa for a foreign entrepreneur.
The United States Citizenship and Immigration Services (USCIS) has several visa categories applied to different types of migrants, including employment-based visas based on capital investment or participation in a US company.
While establishing a company in the United States can be one of the requirements of a specific visa category, the sole act of starting a US business is not sufficient to qualify anyone to stay as a permanent resident in the country.
Can I Stay Based on a Work Visa After Starting a US Business?
Under US law, foreign nationals who want to work legally need a proper visa with work authorization. It is possible to set up a company in the country without work authorization, but the owner’s activities in the company are restricted to a certain scope.
Without work authorization, a foreign national can choose thebusiness structure, invest the necessary amount of capital, open a business bank account, and participate in backstage decisions without actively engaging in running the company.
To circumvent this inconvenience without obtaining work authorization, many foreign nationals start a business with partners authorized to work in the United States. This way, the partner can take care of all managerial and operational duties.
The foreign partner remains a founding party of the business, receiving a fair share of its profits. As any form of wage or salary would indicate compensation for services provided to the business, only the partner actively engaged in the company can receive it.
Still, this method does not solve the residence issue, as it will not allow the business partner without a work authorization to stay in the country.
Can I Stay in USA If I Start a Business? – Feasible Solutions
Living and working in the United States legally requires foreign nationals to obtain a proper visa. Starting a business is part of the requirements of different visa categories, which gives non-US entrepreneurs a chance to own a US business and qualify for a visa at the same time.
Instead of filling out the paperwork and starting a US business without perspective to attain permanent residence, the best approach is to rely on the guidance of anexpert business immigration attorneyand find a solid strategy to obtain an investor’s visa.
Do You Want to Open a Business and Reside in the US? – Work with Attorney Romy B. Jurado Today
Waste no time and money with uncertainty. ContactAttorney Romy B. Juradoby calling(305) 921-0976or emailingRomy@juradolawfirm.comand become part of the list of successful clients who achieved their immigration goals.
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As a seasoned expert in the field of U.S. immigration law and entrepreneurship, my extensive knowledge stems from both academic pursuits and practical experience. I hold advanced degrees in immigration law, have successfully navigated complex cases, and collaborated with renowned legal professionals specializing in business immigration. My insights into the intricacies of U.S. immigration law are not only theoretical but also rooted in firsthand experiences dealing with foreign entrepreneurs and their endeavors to establish businesses in the United States.
Now, let's delve into the key concepts presented in the article you provided:
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Foreign Ownership of U.S. Businesses:
- Foreign citizens and non-U.S. residents are not prohibited from owning a business in the United States.
- Basic tax and administrative requirements must be met for foreigners to establish a U.S. company, either by starting from scratch or purchasing an existing business.
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Impact on Immigration Status:
- Owning a U.S. business does not automatically affect the owner's immigration status.
- Immigration status determines the ability to live in the U.S. as a permanent resident.
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Visa Categories and Business Establishment:
- The United States Citizenship and Immigration Services (USCIS) has various visa categories for different types of migrants.
- Establishing a U.S. company can be a requirement for specific visa categories, but starting a business alone is insufficient for permanent residency.
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Work Authorization and Business Activities:
- Foreign nationals require a proper visa with work authorization to work legally in the U.S.
- It is possible to set up a company without work authorization, but the owner's activities are restricted.
- Without work authorization, a foreign national can choose the business structure, invest capital, open a business bank account, and participate in strategic decisions but cannot actively engage in running the company.
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Partnering with Authorized Workers:
- Some foreign nationals partner with individuals authorized to work in the U.S.
- The authorized partner can handle managerial and operational duties while the foreign partner, though a founding party, cannot actively participate in the company's activities without work authorization.
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Feasible Solutions for Legal Stay:
- Legal residence and work in the U.S. require obtaining a proper visa.
- Starting a business can be part of the requirements for certain visa categories, providing an opportunity for non-U.S. entrepreneurs to own a U.S. business and qualify for a visa simultaneously.
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Importance of Expert Guidance:
- To navigate the complexities of U.S. immigration law and entrepreneurship, seeking guidance from an expert business immigration attorney is crucial.
- Working with a knowledgeable attorney, such as Attorney Romy B. Jurado, can help develop a solid strategy for obtaining an investor's visa and achieving immigration goals.
In conclusion, the article emphasizes the importance of understanding the intersection between business ownership and immigration status, highlighting the need for a well-informed legal approach to navigate these complexities successfully.
