Foreigner opens business in the US

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I am an international student under F 1 visa and graduated now. I want to open my own business in Seattle. What documents do I need to register a company? What kind of company I should register? what procedure is it? What should I do?

Attorney Answers

3
Wendy Barlow ·
What is your goal in starting this business? Are you simply wanting to open a business in the United States as an investment? Are you looking to obtain immigration benefits through this business? More information is needed to address your inquiry. You can typically find general information about incorporating on your State's website.
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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
First you should decide what type of business entity best suits your business model/purpose. "Taxation", both at the federal and state level is at issue here. I would talk to an accountant, CPA or even tax lawyer. The LImited Liability Company ("LLC") is the most common and fiscally advantageous vehicle used by non-resident foreign nationals like yourself, but sometimes a C corp.. might be the best. An LLC needs "Articles", as well as an "Operating Agreement. Only the Articles need to be registered with the secretary of state in the particular state you want to incorporate in. I don't know what type of business you'd like to open, but must understand that unless you are a citizen of an E-2 Treaty Investor visa signatory country with the US and intend to apply for an E-2 visa, you will not be able to "work" in that business yourself or otherwise operate it, but must hire others to do so for you. Your role will be that of the "passive investor". If, on the other hand, you are lucky enough to be from an E-2 Treaty country, here is some basic information about the E-2 visa requirements: The E2 Visa is issued to the foreign nationals of E-2 treaty countries for the purpose of developing and managing a business enterprise that they create or will invest in or purchase outright. To be eligible, you must: Be from a country with a treaty agreement with America; Provide "substantial" investment; Active planning to establish an active business enterprise; Active in a role which is managerial or supervisory in nature; and The investment must be committed, i.e. "placed at risk". "US workers" must be employed in the bus. enterprise. At this point it will be best to schedule a private consultation with an experienced business immigration lawyer to analyze your situation in detail, understand the options available to you and the optimal method of achieving them.
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Olga Guzhva ·
As a foreigner, you should discuss your long-term goals with an immigration attorney. In regards to the entity choice and structure of your business, you should consult with a business law attorney.
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