They can make investments in the business and can share profits

Can a Resident Alien, Work Visa Holder Form a Business Entity in Us?

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