I am a Canadian Citizen who would like to start a business in the US.
(I am currenly on a Visitor's Visa due to the fact that my fiance is
working on another Visa). I would like to establish and operate the
business from the USA, if possible. Another option is to establish
the business in Canada and operate it from within the US. The bottom
line is, my client base resides in the US and creating the business is
only a matter of taxation.
What I'd like to know is:
a) What are the requirements for aliens starting a business in the
US?
b) What Visa status is required for starting a business in the US?
I have already looked at the IRS and INS and Department of State web
sites and I can't find any clear answers to my questions.
If anyone could help - It be greatly appreciated.
Roxy Bell
The answer, and the reason you can't find clear answers is because you
can't, except under a couple of circumstances.
1) If you have half a million to invest, and will hire a number of
Americans, you can look at the E visas.
2) If your clientelle was NOT American, it's sometimes possible to
"telecommute" as long as your status in the USA is valid.
Otherwise, it's just about impossible.
Stuart
a) there are no restrictions for foreigners to establish a business in the US,
but establishing and owning a business does not by itself allow you to work in
your business in US.
b) the best way is to first establish a business which is somehow connected to
your existing company in Canada (subsidiary, branch, parent company, same
ownership, etc.) and then to apply for L1 visa (intra-company transferee) to be
allowed to work in the business in the US. But you must be employed for at
least a year before such application in Canadian company and such company must
continue to operate in Canada at all times while you are on L1 visa. You may
later apply for a Green Card from L1 visa without much complications. Check all
the requirements for L1 visa on INS website or visit the website of Joseph C.
Grasmick who specializes in the Canada to US immigration for business people
here:
http://www.grasmick.com/canimfaq.htm
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../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: millerc...@INVALIDcanada.com
(delete REMOVE and INVALID from the above
address before sending email)
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