Registering a Business in the U.S. as a Foreign National

International Business Formation

Depending on your business goals, you may choose to form your company in the United States. For example, while your company may be incorporated in your home country, you will want to form in the U.S. as well to attract American investors. One of the first decisions an attorney can help you make is what form to choose. 

Incorporating your business in the United States can earn more credibility with U.S.-based customers as well as potential investors. Special tax credits and incentives exist as well for businesses, including foreign tax treaties.

Some of the benefits of forming or registering a company in the United States as a foreign national include:

• Easier ability to sell in the US market, from a customs and tax point of view
• Access to the capital markets in the US for venture capital, angel investors and public markets
• Enhancement of the reputation of your company, both to US customers and many markets overseas
• Business Immigration: Easier to get a visa to work in the US (though acceptance is NOT guaranteed!
• Possible you can reduce your tax on US-source income

Under some circumstances, the laws of the company’s home country may determine the choice of legal business structure. It is important to consult with an attorney familiar with both U.S. and international law to make an educated decision regarding which entity type is best for you business and goals.

Intellectual Property for International Businesses

You will also want to ensure that your intellectual property is protected in the U.S. While your intellectual property may already have formal protection in your home country, you will still need to register it in the U.S. Our trademark and intellectual property attorneys can help you identify what intellectual property can be protected and how best to do so. Working with an attorney to apply for a trademark, copyright or patent as well as establish trade secret protections will give your company a strong strategic advantage and help you capitalize on your brand recognition in the U.S.

Business Immigration as a Foreign Business Owner

If you are planning on working in the U.S. for your company as a foreigner, you will need to ensure that you have applied for the appropriate visas. As a foreign founder in particular, the visas best-suited to your needs may be the E1 Treaty Trader Visa,  the E2 Treaty Investor Visa, or the L1 visa. Our immigration attorneys can help you decide which visa is most appropriate for your situation, and assist you throughout the application process.

Call us today at 502-309-2512, to learn more and see how the Obi Law Group can assist you in your international business goals.