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I am aware that a foreigner can form an LLC in the states.

Hi,I am aware that a...
Hi,I am aware that a foreigner can form an LLC in the states.
My question is; if he/she is living in Japan and wants to live in California by starting a business, is forming an LLC here in the US solve the problem?Once they form an LLC under their name, will they have the authority to live and work in the US?Thanks!
James
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Answered in 20 minutes by:
8/22/2017
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 31,331
Experience: Taxes, Immigration, Labor Relations
Verified

Having the LLC or any other business entity is NOT directly related to immigration status.

But it is possible to apply for immigration status based on investment.

Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

  • Make the necessary investment in a commercial enterprise in the United States; and
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

That make no difference if the business is run directly as a self-employed physical person or as LLC.

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Customer reply replied 6 months ago
Hi Lev thanks for your answer,1. When you refer to the "program" on line 3, which program are you referring to?
Also, what do you mean by investment? What kind of investment, how much capital, investment to where?2. What exactly is the "necessary investment" they have to make and what is a "commercial enterprise"? Are we talking about the same "investment" you mentioned on line 2?3. Also, I'm guessing your second (bullet) point is stating that once they fulfill this "investment" requirement, and form an company here in the US, the next requirement is to hire at least 10 american employees, is that correct?Thank you

1. When you refer to the "program" on line 3, which program are you referring to?

U.S. immigration law allows certain foreign nationals who are employment-based immigrants to become lawful permanent residents (get a Green Card). These foreign nationals are also called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category.

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Also, what do you mean by investment? What kind of investment, how much capital, investment to where?
employment-based (EB) “preference immigrant” category includes foreign nationals who have invested or are actively in the process of investing $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time positions for qualifying employees.
2. What exactly is the "necessary investment" they have to make and what is a "commercial enterprise"? Are we talking about the same "investment" you mentioned on line 2?
Yes - that is the same program.
3. Also, I'm guessing your second (bullet) point is stating that once they fulfill this "investment" requirement, and form an company here in the US, the next requirement is to hire at least 10 american employees, is that correct?

Yes - that is correct.

But there is NO requirement to have an LLC or a corporation

That is up to the entrepreneur to choose the type of business organization.

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