There are many legal considerations you need to address if you plan to start a foreign business in the United States or expand the operations of an existing business into the U.S. Although you do not need to be a citizen or permanent resident to start a business in the United States, there are many legal requirements you still need to meet, especially if you intend to work for your company and be actively involved in its operations.
Therefore, if you are looking to start a foreign business in the United States, working with an experienced Business Immigration Attorney who can assist you in navigating these legal requirements is vital. An attorney will help ensure you take the right steps at the right time and do not make costly mistakes.
The Steps You Need to Take to Start a Foreign Business in the United States
Step 1: Form Your Business
The first thing you need to do to start a foreign business in the United States is to officially form it by filing the required documents with the relevant authority. At this stage, you will need to choose a business structure. The vast majority of foreign businesspeople choose to start LLCs or incorporate as C-Corporations. Your structure choice, however, should be based on your specific goals, needs, and circumstances, so it is vital to understand the pros and cons of each of the available structures.
This is a critical step, as choosing the wrong structure can result in the business of your dreams becoming a nightmare in the near future. Therefore, you should work with an experienced business attorney who can help you make the right choice. If you know what you want out of your business structure, an experienced attorney can help you determine which of the available structure types can provide it.
Step 2: Protect Your Intellectual Property
The next step you need to take to start a foreign business in the United States is to protect your intellectual property. Even if you are expanding the operations of an existing foreign business into the U.S. and your IP is already legally protected in your home country, you still need to protect it in the United States.
An experienced business attorney can help you determine what intellectual property can be legally protected and design a strategy to protect it effectively. Working with an attorney to protect your trademarks, copyrights, patents, and trade secrets will give your business a strategic advantage and help strengthen your brand.
Step 3: Apply for a Business Visa
You do not need a visa to start a foreign business in the United States; however, you do need a visa to operate it. In other words, if you plan to work in the United States for your own company, you need to apply for a visa that allows you to do so. Without the appropriate visa, your role in your company will be very limited, resembling that of a passive investor.
However, you need to make sure you apply for the right visa. There are many visa categories to choose from, and each one has a specific purpose and specific requirements. Choosing the right visa is critical, which is why it is advisable to hire an experienced Business Immigration Attorney to help you choose.
Are you ready to start the business of your dreams in the United States? If the answer is yes, then give Business Immigration Attorney Romy B. Jurado a call today at (305) 921-0976 or send an email to Romy@juradolawfirm.com to schedule an initial consultation.