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.
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.
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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.
International Law Attorney
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.
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