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.
Incorporation Questions
Answers to Frequently Asked Incorporation Questions
Can I File for Business LLC or Incorporation In One State and Live In Another?
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.
If I File for LLC or Incorporation This Year, May I Delay the Operation of the Business Until Next Year?
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.
How Do I File as an S-Corporation for My Business During Incorporation?
A person starting a new corporation does NOT file for S-corporation status as the first order of business.
Can I Create an LLC or Incorporate and Put Cash into the Business to Protect My Money from Creditors?
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.
Can a Non-Lawyer Chief Executive Represent His Corporation Pro Se in a Legal Matter?
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.
How Many Persons Must Be Involved in a Business to Legally Incorporate?
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.
Can I Force My Majority Partner in an LLC to Show Me Complete Financial Records for the Business?
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.
How Do I Transfer the Ownership of Tangible Assets or Property to a New LLC or Corporation?
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.
If I Start an LLC with a Partner Who Owes Child Support or Back Taxes, Can the Government Take Money from the Business?
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.