陕西山脉地形图全图:在美国----谁可以开什么公司

http://mybizfiler.wordpress.com/2008/09/19/can-a-resident-alien
lder-form-a-business-entity-in-us/

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 busi
ness 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 inc
orporate a business entity like a Corporation or LLC? Here are the answers…
.



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 requ
irements.



For instance H1 and H-1B visa holders who work for a company can form a busi
ness entity in US however they cannot receive salary from the same entity. T
hey cannot form an employee employer relationship with any other entity unti
l 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 entit
y should be eligible to do so.



F1 Visa holders can also create a business entity, but need to form in the n
ame of the person who has a valid visa. They can make investments in the bus
iness and can share profits.



An individual with a valid EAD can also start a business and work. EAD allow
s 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 ca
n form LLC, C Corporation but not S Corporation. A shareholder of S Corporat
ion must be either US citizen or a Green Card holder. The best way to determ
ine the type of entity and the incorporation process is to consult www.mybiz
filer.com or an attorney.



As a conclusion it can be said that best way one can benefit from a business
with out having GC or EAD is to become an owner, employer, investor and der
ive profits even though by not having physical presence in US!.

.



    * VISA- H1

          o Description – Non- Immigrant visa established by USCIS, to empl
oy workers with specialized training

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation – You can very well form a business but you cannot
work for the company but can share profits



    * VISA- H-1B

          o Description – Non- Immigrant visa established by USCIS, to empl
oy workers with specialized training

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation- You can very well form a business but you can also
work for the different employers only when all employers must have filed an
H-1B petition for you.



    * VISA- H4

          o Description- The H-4 Dependent Visa allows the dependent spouse
and children of any principal H-class visa holder’s entry to the United Sta
tes and free travel in and out of the country.

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No



    * VISA- F1

          o Description- The F-1 visa is a non-immigrant, full-time, student
visa that allows foreigners to pursue education in the United States

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation- You can start a business when you are on f1 visa. B
ut, you have to start on other person’s name who is having a valid visa (wh
o can work legally and earn income).You can put the investment (partnership)
and you can take the partnership in the property. For example start a busin
ess with your current owner and put some investment in the business and take
the percentage in the property.



    * VISA- F1-OPT

          o Description- Persons seeking to pursue a full course of study at
a school in the United States may be eligible for a visa for the course of
their study plus, in some cases, a period for practical training in their fi
eld of study.

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation- With OPT, you can work in your own company, provide
d that the company is active in your field of study. The OPT does NOT allow
you to work in a company, even your own, if the work is not in your field of
study. It is called Practical Training for a reason.



    * VISA- B1

          o Description- Available to all visitors coming to U.S for busines
s or pleasure. B-1 business visitor visas are for a short duration and must
not involve local employment

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation- If you are simply going to invest and start up a bu
siness in the US and hire people to run it and you will not be working it yo
urself (more of an investment rather than employment), you can do so at anyt
ime and come as a visitor to check things out, meetings etc. If you are actu
ally going to be involved in the business in the US you should be looking at
the E-2 visa.



    * VISA- L1

          o Description- Temporary visa that allows companies in USA & other
countries to transfer certain classes of employees from its foreign operati
ons for up to seven years. The employee must have worked for a parent, affil
iate, subsidiary, or branch office of the U.S. Company outside of the USA fo
r at least one year out of the last three years.

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No

          o Explanation- L1 Visa holder can incorporate business. This type
of visa allows an executive or manager to come to the U.S. to establish a ne
w business



    * VISA- Employment Authorization Document (EAD)

          o Description- an Employment Authorization Document (EAD), EAD car
d, known popularly as Work Permit, is a document issued by United States Cit
izenship and Immigration Services (USCIS) that provides its holder a legal r
ight to work in the United States of America. It should not be confused with
the green card. EAD has fewer employment and immigration-related privileges
than the green card.

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- No               

          o Explanation- You can start and work for your business with a val
id EAD. The only difference is that you can work for the company and collect
salary. What EAD does allow you is to work as an employee of the company. S
o, technically, you can start a business even on H1 or B1/B2. The only way o
ne can benefit from a business one owns without a GC or EAD is by becoming a
n investor. Investment income from a business you own is legal all the time,
even if you live outside the US.



    * Green Card Holder

          o Description- A Green Card is a Permanent Visa to USA. Green Card
gives you the status of permanent resident and legal rights to work in Unit
ed States

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- Yes

          o Explanation- You can very well form a business



    * US Citizen

          o Description- US citizenship can be acquired by birth or by the p
rocess of naturalization. The process of an immigrant becoming a US citizen
is termed as ‘naturalization’. If you are not born in the US, you have to
naturalize to become a US citizen.

          o Entity LLC- Yes

          o Entity C CORP- Yes

          o Entity S CORP- Yes

          o Explanation- You can very well form a business



我觉得还可以补充一点
人不在美国，根本没有什么visa的，什么身份呀卡的
也能开LLC 和C

换句话说，哪怕是条狗，只要有护照，就能开LLC和C
S一定要有绿卡