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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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How can i create a small business here without getting paid?

Customer Question

How can i create a small business here without getting paid? should i be the only one owner or i need an american citizen for it? can i hire someone to run it? should he be american? basicly i want to create a business but cuz of my visa i cant hands-on it so i want to understand what kind of structure is it?
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 4 years ago.

What kind of business do you plan on opening? How much will you invest? How many people will you employ? Do you have a business in your home country?

Customer: replied 4 years ago.
I am planning to open small business in the mall,i mean opening carts and selling cosmetics. I will invest 10k to 15k at the beginning. I want to hire a manager(want to bring him from my country), and 2 employee. Yes I have a business in my country.

Ps: altough I am here for getting a MBA program,I want to do business during the period of my master
Expert:  Richard - Bizlaw replied 4 years ago.

So long as you are not working for the entity, you can open the business. The form can be a corporation or a limited liability company. You may want to use a corporate form and have the shares owned by your overseas company. In the future you may be able to transfer employees between the two companies. If someone works for the overseas company for at least a year, they can transfer on a L-1 visa.

 

If you just want to be able to obtain profits after the employees are paid, you can own the shares directly as a sub chapter S corporation or a limited liability company.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 4 years ago.
So basicly i dont need any american citizen involved this. The other question is; i have a business in my country but it is a family business, accroding to restrictions in my country a company can have just 2 owners. So i am working in my family company as manager of engineering department. Do you recommend me to be owner of my company in turkey? And about L-1 I guess they ask for 100K which is more then i will put,am i right?

the game plan basicly

1-Create a business under b1/b2, share companies profits(for details and how i can do it, i need local lawyer i guess)

2-when the value of company reach(if it can) over 100K apply for L-1.

is this should be my game plan?
Expert:  Richard - Bizlaw replied 4 years ago.

To open the business in the US you will need someone who is a US permanent resident or citizen otherwise they will not be able to work in the business. Without the overseas company you will not be able to get a L-1 visa. If you have a subchapter S corporation or an LLC you can receive the profits of the business without working in the business.

 

Once you get to $100,000 invested you can consider a E-2 treaty investor visa since Turkey is an E-2 visa country. This may be the easiest solution. Sometimes a smaller investment will be sufficient but you can try to generate this much in reserve capital while you are in the US on your masters.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8896
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
"To open the business in the US you will need someone who is a US permanent resident or citizen otherwise they will not be able to work in the business."

for this part i didnt understand sir. can you rephrase it? because i thnk i can open a business with b1/b2 without get paid. And i cant hire local people right. If i wanna hire manager from my country,cant i bringh him to usa with j1 or h2b?

why i need a american citizen? if i can open a business with my current visa and have overseas company

thanks
Expert:  Richard - Bizlaw replied 4 years ago.

You will not get an H-2 visa because there are plenty of Americans to fill the position. A J-1 visa is for an approved exchange program so you will not qualify for that. Since you can't work how will the business operate. You have to hire someone to work. That person will need to be local. Your overseas company is of no use since it does not own the company you are about to open. Also, you will not get approval for what is essentially a mom and pop size operation.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 4 years ago.
So as far as i understand from words,if i hire an american citizen as my manage,i will be able to run the business and share the profits with my overseas company. For details i guess i need a business lawyer. Would you recommend any in texas?

Other think i cant find any american work for me for 61 hours in a week sir. I already upload advs. Sorry but most of unemployment american citizen are lazy and dont want to work 61 hours in a mall. So can it be a reason to hire someone from my country? For all hiring from overseas do i need imigration lawyer or business lawyer can handle it too?

thanks
Expert:  Richard - Bizlaw replied 4 years ago.

Yes you share the profits with your overseas company. The simplest way is to have them be shareholders in a LLC, that avoids paying taxes on dividends. To try to bring in a foreign national you will need an immigration lawyer. Some immigration lawyers may also be able to advise on business issues. We cannot make specific recommendations of attorneys but you can locate attorneys in your area on lawyers.com or findlaw.com where they are listed by specialty and geographic area.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Richard - Bizlaw
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