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Can a non-citizen open an e-commerce business in the US ?

New York, NY |

Hello!
I'm from Russia and I want to open a company in New York (LLC). I teach students via the Internet (I live in Russia), can this kind of activity be the basis for the opening the company? (literally I want to work here and pay taxes to US).
I would like to note that I'm not going to hire people, so I hope I won't break any rules. And I'd like to consult with professional lawyer.

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Attorney answers 4

Posted

There are no limits on a non-resident alien opening an LLC or corporation in the US. Opening the company does not provide visa benefits (residency and work permission.)

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

Sure. Nazdaroviye.

Uspeha vam.

Posted

There are no restrictions on who can form and who can own a U.S. company that would conflict with what you want to do.

Having a U.S. company does not require a right to come to the U.S., but does not give you one either.

A company can perform any legal business and do it from anywhere. There may be tax implications of collecting payment in the U.S., but since you will be setting up a U.S. company, withholding at source should not apply.

Michael Charles Doland

Michael Charles Doland

Posted

If you (reasonably) agree AND press the I agree button, you get 2 points and the other attorney gets 5 points AND you become recognized as someone who (reasonably) agrees when possible, encouraging others to agree with you. When one realizes that it is 45,000 points from Avvo level 18 to Avvo level 20, the mutual benefit becomes clear. Welcome to Avvo.

Lawrence A. Schultis

Lawrence A. Schultis

Posted

Good point. Thanks for the tip.

Michael Charles Doland

Michael Charles Doland

Posted

So much of busines law is game theory. I'm a bit beyond needing points, but if colleagues can benefit? Hope Avvo is a positive experience.

Posted

Yes, you would certainly be able to form a New York LLC. This does not, however, automatically entitle you to obtain a work visa if you plan on operating the business from the United States.

No Attorney / Client relationship exists

Michael Charles Doland

Michael Charles Doland

Posted

If you (reasonably) agree AND press the I agree button, you get 2 points and the other attorney gets 5 points AND you become recognized as someone who (reasonably) agrees when possible, encouraging others to agree with you. When one realizes that it is 45,000 points from Avvo level 18 to Avvo level 20, the mutual benefit becomes clear. Welcome to Avvo.

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