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explores many of the issues involved in forming companies
in the US by non-US residents. A wealth of information and
contact information for Mr. Latour are available at his web
site - http://www.usvisanews.com.
Just click on his banner below.
Q: Can I form a company in the US to facilitate entry
under an H1B visa?
A: While it is possible to arrange an H-1B visa via self employment,
INS carefully scrutinizes such cases to insure that the company
is of the size and capacity to truly support the sponsored
employee. The stronger the sales, the greater the number of
employees, and the longer your company has been in existence,
the more likely it is that it can be used for H-1B petitioning
purposes.
Q: Does it matter under immigration law whether I form
a corporation or an LLC?
A: While many immigration attorneys suggest incorporation,
any recognized vehicle- ranging from partnerships to Limited
Liability Companies- will suffice. Ask your SABC representative
to recommend the best mechanism for you; in almost all cases,
their suggested form of structure will be suitable for immigration
purposes.
Q: What are the most common types of entry visas?
A: Most business persons first enter the U.S. in a B1 business
visitor status, to initiate activities such as company formation,
leasing of premises, and hiring of initial staff. When they
are ready to "work" in the U.S., the most common
visa mechanisms used are the H-1B (temporary professional
worker), L-1 (intracompany transferee), E-1 (treaty trader
in import/export business), and E-2 (treaty investor, with
U.S. investments typically exceeding $100,000.)
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