Whether or not foreigners or non-US citizen living in the USA and holding work-visas can create a Limited Liability Company or file for Corporation status depends upon the state involved.
For the purposes for forming a general business Corporation or filing for Limited Liability Company (LLC) status, there are no requirements that a person be a resident of the state in which the company is to be formed.
But there is one requirement for most states that must be managed.
The filing of the paperwork to form an LLC or to incorporate does not obligate the entity to immediately begin conducting business.
But as is typical, that doesn’t mean that there won’t be some government requirements for the formed business.
A person starting a new corporation does NOT file for S-corporation status as the first order of business.
If a Limited Liability Company (LLC) or Corporation is set up only to ‘hide assets’, a debtor could pursue legal action to pierce the corporate veil and seize the assets of the fraudulent LLC or Incorporation.
Typically, an executive director or CEO can represent a corporation in day-to-day business functions. But the chief executive of a corporation or LLC cannot represent the corporation in a court of law, as legal counsel, or as part of a litigation.
In just about every state, only one person needs to take the actions necessary to incorporate a business or to file for LLC status. But the requirements do differ by state.
Nearly all states have laws permitting owners of an LLC or a Corporation to review the books and records of the company upon written demand to the other owners.
Assets are transferred from one person or entity to another in different ways, depending upon the nature of the property. This distinction holds true when those assets are transferred between an individual and a newly formed Limited Liability Company or Corporation as well.
Much of the ability of a government agency to easily seize or attach assets for issues like unpaid child support or unpaid taxes rests with the type of business structure created.