Can a Resident Alien, Work Visa Holder Form a Business Entity in Us?
Most of the resident or non-resident aliens who are aspiring to start a business in US have questions on their eligibility of doing so. The most common question comes to their mind is with their current visa status, can they incorporate a business entity like a Corporation or LLC? Here are the answersa.
A resident or non resident alien can form a business entity in US however it depends on the entity types, and subject to fulfillment of immigration requirements.
For instance H1 and H-1B visa holders who work for a company can form a business entity in US however they cannot receive salary from the same entity. They cannot form an employee employer relationship with any other entity until they get a petition from the current employer to work with other companies and get their H1 or H-1B issued from the new entity. However, the new entity should be eligible to do so.
F1 Visa holders can also create a business entity, but need to form in the name of the person who has a valid visa. They can make investments in the business and can share profits.
An individual with a valid EAD can also start a business and work. EAD allows one to work as an employee and collect salary from the company.
The important point to note here is that a resident or non-resident alien can form LLC, C Corporation but not S Corporation. A shareholder of S Corporation must be either US citizen or a Green Card holder. The best way to determine the type of entity and the incorporation process is to consult www.mybizfiler.com or an attorney.
Contact ICS today at 203 437 4083, e-mail - sales@mybizfiler.com, or by accessing 24/7 chat page on www.mybizfiler.com
Disclaimer: ICS does not offer legal services or legal advice, but only generic information on legal subjects. ICS is not an attorney or law firm and not a substitute for an attorney or law firm
