non-US citizen

Starting a business can be an invigorating process that can yield high dividends. It’s an enticing opportunity that many want to be involved in. However, with the continually evolving political climate, the issue becomes whether a Non-U.S. Citizen can own a business in the United States?

What Rights Do Non-U.S. Citizens Have?

The U.S. Constitution includes provisions that describe the rights of its “citizens” and the “persons” in the country. This “persons” terminology is a term that was created to apply to everyone in the United States. Specifically, it means that everyone (permanent residents, visitors, and even illegal immigrants) in the United States should have equal rights when it comes to specific U.S. laws. These rights include the following:

  • The right to legal counsel
  • Freedom of speech
  • The right to peaceful assembly
  • Freedom of religion
  • The right to bear arms
  • The right to education
  • The ability to seek a government’s assistance without punishment or reprisals
  • The right against unreasonable searches and seizures
  • The right to have due process of law
  • The right to have trial by jury

Can Non-U.S. Citizens Open a Small Business?

The good news is that the United States not only welcomes foreign business, but it will most likely continue to do so into the future. That’s why incorporating a business as a Non-U.S. citizen is not only doable, but the procedure is not as daunting as some may think.  However, there are specific provisions that Non-U.S. citizens need to consider, which can interfere with their plan of opening up a business that is headquartered in the United States. These rules state that without the proper visas, Non-U.S. citizens will not be able to live in the United States, work for the company in the United States, or be able to receive a salary from the company.  That’s why a Non-U.S. citizen must discuss all their options with a professional before proceeding with any business plan.

Types of Business Non-U.S. Citizens Can Open:

  • Corporation (C-Corp)
  • Limited Liability Corporation (LLC)

Additional Business Requirements:

  • When opening a business in the United States, annual tax returns are required.
  • A U.S. address is not required to incorporate a business in the United States. However, most states will require incorporation renewals each year.
  • A Non-U.S. citizen cannot obtain a salary from the United States-based company; however, they can receive payment from a branch that is located in their home country.
  • Certain Visa’s can make the process of owning a business in the U.S. more accessible, and they should be considered when starting this process. However, you will need to discuss them with a professional to see if you are qualified for either of these visas.
    • E2 Visa (most accessible for entrepreneurs) and L1 visa

How Will This Change Affect Immigrants and the Country?

Allowing Non-U.S. citizens the opportunity to start and grow a business in the United States, is crucial for not just encouraging immigrants to invest in the United States, but also for the United States’ continuous economic growth. These companies are employing millions of U.S. citizens across the country and putting money back into the nation’s economy. Some may fear that these companies will hurt the U.S.

However,  their overall impact on the people and the country’s economic health is not only positive but also a vital driving force in improving the local commerce. These companies have a rippling effect on the United States with their ability to contribute money to not only small towns and schools, but also bring in consultants, managers, and other employees, who, in turn, will provide additional jobs. Their ability to continually grow the economy is why the people and the country are so eager for these types of investors to invest continuously.

Call Immigration Law Group

Living this American dream of owning a business in the United States is possible, even as a Non-U.S. Citizen. However, to fully grasp all the options and avoid any issues, it is critical to hire professionals that are not only experienced in this field but can navigate the ever-changing immigration laws. With Immigration Law Group, you will have a dedicated team that not only will help you make this business dream a reality but provide you with all the options that can set you up for a lifetime of success. For more information, contact us today.