James Anderson 13 November 2023
Hello please tell me if anybody can tell me. If I establish an LLC in the United States and create a business where I start charging customers, does that mean at some point I eventually will be guaranteed to get a visa, or how would I be affirmed that I can then come and check my LLC and do my business work?
Also if I make an LLC in the United States can the LLC have an employee from another country?
T. Kalaiselvan, Advocate (Advocate) 13 November 2023
When it comes to forming a Limited Liability Company (LLC) in the United States, you don't need to be a citizen or resident of the country, or even be physically located in the country.
There are, however, some special considerations and issues that you should be aware of when forming a business in the U.S. as a non-resident, most notably:
Applying for an EIN or Federal Employer Identification Number in the U.S. can be more challenging if you are not a citizen or resident of the U.S. This is because you probably won't have an ITIN (Individual Taxpayer Identification Number) or SSN (Social Security Number) to give to the IRS when you apply for an EIN.
This means the Employer ID (EIN) must be faxed in as an SS4. You cannot apply online, so the process takes longer. Generally the EIN returns within 1-2 weeks, but can take a month around popular times, e.g. popular holidays and tax season.
Nevertheless, the process for obtaining an EIN from outside the country is pretty simple once your business is registered and are able to Open a U.S. Bank Account.What Is the Process for Registering a Company in the US as a Non-Resident?
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