Setting up a physical business in the US as a foreigner

[user1995]

Hi guys please let me know if this doesn't belong in this section but for me it's offshore anyway for me since I'm from Malaysia.

I might be in the minority here but I actually love the US and would like to set up a seafood business in the States, with a physical presence, and be there physically long term.

I get that I have to incorporate an LLC and get a corporate bank account, but which state specifically would you guys recommend for incorporation as well as which bank? (I'd be ok with travelling there physically to open the account)

And also is it possible for a new LLC to get a visa for me as the owner to be there?

It's kinda a chicken and egg conundrum for me as to fly to the US for business purposes I need a business visa but to GET that business visa I need a physical presence in the US.

Thanks in advance guys.

 

[Sols]

Form the LLC where your business is based, unless you have a very compelling reason for forming somewhere else. Bank wherever, but easiest is where you live or will live (in the US).

As for visa, it's much, much harder. Have a look at this website for starters: https://www.uscis.gov/working-in-th...en-entrepreneurs-to-work-in-the-united-states

Would strongly recommend getting a good US immigration lawyer to help you find the right path. EB-5 is quite easy to get, if you can provide the required USD funding (800,000”“1.05 million USD).

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This is the probably the answer to your question.

 

[user1995]

Sols said:
Form the LLC where your business is based, unless you have a very compelling reason for forming somewhere else. Bank wherever, but easiest is where you live or will live (in the US).

As for visa, it's much, much harder. Have a look at this website for starters: https://www.uscis.gov/working-in-th...en-entrepreneurs-to-work-in-the-united-states

Would strongly recommend getting a good US immigration lawyer to help you find the right path. EB-5 is quite easy to get, if you can provide the required USD funding (800,000”“1.05 million USD).
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Thanks for the input. Would it be in my favor to offer like 20% shares or directorship in my LLC to a US citizen who can then hire me as an employee of the company where I can then apply for a work visa?

 

[Sols]

user1995 said:
Thanks for the input. Would it be in my favor to offer like 20% shares or directorship in my LLC to a US citizen who can then hire me as an employee of the company where I can then apply for a work visa?
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LLCs don't have shares. But you can assign 20% control/benefit of the LLC to a US citizen. That person can then go through the arduous process of hiring a non-citizen under some sort of visa (J1, H-1B).

US immigrations laws are very complicated. What they look for are people with money and people who create jobs, or people to fill jobs that locals can't/won't do. See the link above and start reading up on the various options. You will save a lot of time by working with an immigration lawyer.

Also check H-1B Program

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This is the probably the answer to your question.

 

[user1995]

Sols said:
LLCs don't have shares. But you can assign 20% control/benefit of the LLC to a US citizen. That person can then go through the arduous process of hiring a non-citizen under some sort of visa (J1, H-1B).

US immigrations laws are very complicated. What they look for are people with money and people who create jobs, or people to fill jobs that locals can't/won't do. See the link above and start reading up on the various options. You will save a lot of time by working with an immigration lawyer.

Also check H-1B Program
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Will read up on the resources you linked, much appreciated.

 

[jafo]

I have a friend who is in the Midwest. He married a US citizen.

 

[user1995]

jafo said:
I have a friend who is in the Midwest. He married a US citizen.
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Viable method towards citizenship for sure... Let me explore the prior options first and see...

 

[swissyj]

I'm a US citizen, however, I arrived in the United States two decades ago with an E2 visa. As @Sols noted, immigration to the US can be challenging, and I wouldn't be residing in Florida as a citizen today without the assistance of my outstanding team of lawyers and tax professionals.
Assigning 20% membership of your business will not allow you to seek employment, it will also never pass for any H1B visa and those tend to go to larger corporations anyway. The easiest path to accomplishing your goals would be through an EB-5 visa. Other options, such as the E1/E2 visa (if available for your country of origin), may require some tricks to obtain a green card. Networking and finding trustworthy individuals or doing extensive research are also necessary if you want to pursue any of these options. Keep in mind, there are many other ways to obtain permanent residency in the US, but they require careful planning and consideration.

 

[user1995]

swissyj said:
I'm a US citizen, however, I arrived in the United States two decades ago with an E2 visa. As @Sols noted, immigration to the US can be challenging, and I wouldn't be residing in Florida as a citizen today without the assistance of my outstanding team of lawyers and tax professionals.
Assigning 20% membership of your business will not allow you to seek employment, it will also never pass for any H1B visa and those tend to go to larger corporations anyway. The easiest path to accomplishing your goals would be through an EB-5 visa. Other options, such as the E1/E2 visa (if available for your country of origin), may require some tricks to obtain a green card. Networking and finding trustworthy individuals or doing extensive research are also necessary if you want to pursue any of these options. Keep in mind, there are many other ways to obtain permanent residency in the US, but they require careful planning and consideration.
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Appreciate your insights, the EB-5 Visa looks like the most viable option at this point. Setting up a seafood distribution shop locally should fulfill the capital requirements, I just have to find out the granular details.

 

[swissyj]

With EB-5 you're not setting up a business, but rather have to invest the money in one that is on USCIS's list.

EB-5 Immigrant Investor Program