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Yes, a foreigner can incorporate a company in the USA. There are no citizenship or residency requirements at all with regard to owning or registering a company in the U.S. However, here are some important points to consider:
A foreigner may incorporate the following kinds of businesses:
Foreign entrepreneurs follow the same general steps that U.S. citizens follow for the registration of the business:
The IRS-issued EIN will enable the company to open a business bank account, hire staff, and also file taxes. All foreign owners of businesses can apply for an EIN by mail or online. Even if the owner does not have an SSN or ITIN, application for an EIN can be made by filing the IRS Form SS-4.
While it is possible for a foreigner to open a business bank account in the United States, the process may be a bit more involved. Most banks will require your presence in the United States to open the account, though some services will offer remote banking solutions. Research specific banks that can help foreign-owned businesses.
Though no requirement is said for physical presence in the US by an owner, a business is obliged to have a registered address within that state it is incorporated. This would be normally handled by a registered agent service.
They are subject to the same federal and state tax laws as United States businesses. Tax requirements would be different depending on the form of business and tax treaty of the alien's country with the United States. Consultation with a tax professional who is knowledgeable about international business income taxes is highly recommended.
Setting up or owning a business in the U.S. does not automatically provide visa or work permit status. In such a case, one would have to apply for an appropriate visa to work or reside in the U.S., such as the E-2 Investor Visa, which allows foreign nationals to live and work in the U.S. based on substantial investment in a U.S.-based business.
In short, registration and doing business in the United States by a foreigner is pretty easy. He only needs to follow the right steps with guidance, although with care and sometimes taking the advice of a lawyer.
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