Did you know that a person of any nationality can open a business in the United States? This is possible, as long as all the rules set by the IRS and the US government are followed.

Types of business structures in the USA

According to the IRS, the most common types of business structures are: Sole Proprietorships, Partnerships, Corporations, S Corporations and Limited Liability Company (LLC).

Sole Proprietorship

Sole Proprietorship is the most simplified model of a company. In this model, the business is owned and operated by only one person, who is responsible for all the company's obligations and debts. 

In this structure, there is no legal separation between the owner and the company, and profits and losses are reported in the owner's personal income tax return. 

Partnerships

A partnership is a business structure in the United States consisting of two or more individuals. Each participant in the partnership contributes money, property, labor, or skill, and shares, according to his or her percentage of the company, in the gains and losses of the business.

This type of company must annually report its income, gains and losses to the IRS, but the partners pay taxes in their individual capacities according to the profits and losses generated by the share they have in it.

C-Corporations and S-Corporations 

These are the two corporate structures that allow for going public and a large or unlimited number of shareholders - like, for example, companies listed on stock exchanges. A C-Corporation can have an unlimited number of shareholders, whereas an S-Corporation is limited to a maximum of 100 shareholders and these shareholders must be either permanent residents of the United States or U.S. citizens. 

Limited Liability Company (LLC)

A Limited Liability Company (LLC) is a type of limited liability company. The LLC is a business structure often used for holding companies because it offers members protection of their personal assets in the event of litigation or bankruptcy of the LLC.

Starting a Business in the USA

A franchise can be opened under different business structures. As for the company models, the Sole Proprietorship is not ideal for a franchise because there is no legal separation between the assets of the company and the owner; and an LLC can become very complex from a tax perspective if it has many owners. The S-Corporation model is the one most used by franchisees because this structure has a limited number of shareholders, and these shareholders have tax liability on their interest in the company, whether they receive profits or not.

Opening a company in the United States is an important decision, and we advise you to talk to one of our professionals to get the best legal advice as to the correct model of business structure you can open in the United States according to the characteristics of your business. 

If you have the intention of investing in the United States to acquire a green card, the EB-5 visa may be the right one for you.

What is an EB-5 visa?

An EB-5 visa is the category of visa that allows the holder and his or her spouse and children under 21 years of age permanent residency in the United States through investment and job creation on U.S. soil.

How to be eligible for an EB-5 visa? 

The United States Citizenship and Immigration Services (USCIS) requires investors and their respective spouses and children under 21 to meet the following criteria for eligibility: make the required investment in a U.S. business (at least $800,000); and plan to create at least 10 full-time jobs for U.S. workers.

The EB-5 visa was created by the US Congress in 1990 with the purpose of encouraging the growth of the US economy and the creation of jobs in the United States via foreign investors.

I want to open a company in the USA. Do I need an EB-5 visa?

Not necessarily! The EB-5 visa is an excellent way to get a green card for you and your family if you meet all the eligibility requirements. 

But the EB-5 visa is not the only visa category that a foreigner can obtain to reside permanently in the US or to obtain a green card.

The EB-2 visa, for example, requires the applicant to have a recognized degree, at least five years of work experience, and exceptional skills in their professional field. Most skilled professionals immigrating to the United States fall into the EB-2 category, due to the level of demand required for this visa.

Which visa is best for me?

It depends: each case is unique! The immigration office exists exactly to find out if you are eligible and to help you write the document that will be read by US immigration to support your visa application, if you are eligible.

We also do your fiscal and tax planning in case you get your green card and transfer your residence and assets to the United States.

How do I know if I am eligible?

Want to know if you are eligible for a green card? Fill out our free form and we will contact you as soon as possible.