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2 nonresidents and 2 us citizens opening a new business in USA

Miami, FL |

We are 4 partners in a new business: 2 nonresident aliens (2 from from South America and 2 US citizens) we want to establish an LLC or Corp in Florida to run a franchise or standalone business in the retail field. The options are convenience stores or dollar stores. All 4 members will contribute with 25% capital each, and to have 25 of 100 shares each. What would be the best business type, and can we include the nonresidents as a shareholders or members? Your answer is appreciated.

Attorney Answers 4


You might want to ask this question to a tax or transaction lawyer. I do not see problems on immigration side. From what I understand - you are 2 permanent residents and two US citizens, right? If the two non residents are non permanent residence, it will still be feasible.

Shah Peerally, Attorney at Law Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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Not an immigration question.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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The immigration attorneys provided links to the types of visas that might be available. You also have some interesting tax issues to deal with. You should consult a tax specialist with some international tax experience to help. Generally, foreginers will establish a holding company in a non-tax state like Delaware for example, to be a member in the LLC venture with the US citizens that would or could ask for "flow-through" taxation. What you proposed is a typical transaction with foregin investors uniting with US citizens to do business here.

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I am not licensed in Florida. You should consult a business attorney in your locality. However, an LLC or a corporation may serve the purpose. NRA can be shareholders of the company. There are tax implications for everyone, including the NRAs. Be sure to work also with tax attorney and a CPA.

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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