For many immigrants and non-U.S. residents, starting a business in the United States is a pathway to both financial opportunity and long-term stability. But while the U.S. welcomes entrepreneurship, launching a company as a foreign national requires careful legal planning to avoid immigration or tax complications.
At Kent Law Partners, we guide clients through the full process — from formation to compliance — ensuring your venture is legally secure and immigration-conscious.
1. Can Foreign Nationals Legally Start a Business in the U.S.?
Yes. You do not need to be a U.S. citizen or even hold a green card to start a business in the United States.
Foreigners can establish:
LLCs (Limited Liability Companies)
Corporations (C-Corp or S-Corp)
However, not all business structures or states are equally favorable. Legal counsel helps you select the right option based on your residency, tax obligations, and immigration status.
2. Required Documents and Numbers
To launch a business, you will typically need:
A U.S. business address (can be virtual)
A Registered Agent in the state of incorporation
An EIN (Employer Identification Number) from the IRS
Sometimes, an ITIN (Individual Taxpayer Identification Number) if you don’t have an SSN
At Kent Law, we help clients without SSNs secure EINs and navigate banking, contracts, and liability protection.
3. Immigration Status Matters
While you can own a business on almost any visa — including B1 (visitor), F1 (student), or without a visa at all — working for your own company without proper authorization is illegal.
For example:
A B1 visa holder can own a business but cannot actively manage or operate it.
An F1 visa student may violate their status by engaging in any unauthorized employment — even within a company they own.
To work legally for your U.S. company, you’ll need to adjust your status (e.g., through an E-2 visa or employment-based path).
4. Taxation and Reporting Considerations
Foreign-owned U.S. businesses are subject to:
Federal and state taxes
Foreign Account Tax Compliance Act (FATCA) disclosures
Annual filings and financial transparency
We help our clients remain compliant and avoid penalties — especially those with bank accounts or assets outside the U.S.
5. Benefits of Forming a U.S. Company
Gain access to the U.S. market
Build financial credibility (banking, credit, partnerships)
Prepare for visa paths like E-2 Investor Visa or EB-5 Green Card
Limit personal liability through an LLC or Corporation
Final Thoughts
Starting a business in the U.S. as a foreigner is not only possible — it’s a powerful strategic move. But it must be done with legal precision to protect your immigration status, your finances, and your long-term goals.
Kent Law Partners is here to assist you with every step:
From incorporation and EIN application to long-term legal and immigration planning, we ensure you launch your business the right way — the legal way.
📞 Contact us today for personalized guidance on your U.S. business formation.
