I am not a citizen,Can I set up a LLC in America?

whynotmewhynotme subscriber Posts: 1
edited July 2006 in Business Planning
I am a visitor in the USA and I live in FL. I would like to set up a trading company -LLC at my ownership. My question is if I am eligible to set up the business here. If I am,I will fly back and forth between China and USA and would like to hire someone in China who can work for me. Is it legal? Any advice is welcomed. Thank you very much.
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Comments

  • NuevolutionNuevolution subscriber Posts: 30 Bronze Level Member
    Ouch... This is a tough question,Because you are a visitor.. I would check with a lawyer because see it would be different if you where a permanent resident as to just having a visa. I don`t see a problem because if you have a passport, you are here legally. But you will need a Social Security when you apply....Why not, form your LLC in China and register it in the USA as a foreign Corp.. (I don`t know if that applies... ) I would check with a lawyer though...
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  • wy8162wy8162 subscriber Posts: 3
    Yes, you can own an LLC company in US. Actually, anyone can register an LLC company in US. But the problem is that you can not work for the company if you are neither a US citizen nor a permanent resident.Strange, right? It is. That what`s I know.
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  • whynotmewhynotme subscriber Posts: 1
    Thank you,Guys. I have a social security # in the US. If I could not work for my company, I would like to hire someone in China working for me. Can I do that? I Suppose I can get the profit if I run it well. Is this a good way to go?
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  • wy8162wy8162 subscriber Posts: 3
    Do you have a company in China? If yes, you hire that person to work for your Chinese company.But I can`t understand how a Chinese person in China to work for a company in US. I think the answer is NO unless that person has H1B visa. The reason is simple: he works directly for a US company and get paid. The status in China can be considered as: you hire him and send him back to China for business trip.As a solution, you can hire a US citizen or US Permenant Resident.Just my thoughts for your reference. Frankly speaking, I got exactly the same problem and same situation.
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  • whynotmewhynotme subscriber Posts: 1
    Thank you again. I don`t have a company in China. Actualy,I am in a dilemma. I have had supplier in China as well as buyer in US already and there won`t be much work involved in my future business.  All I need to do is processing some documents like sending the invoice or whatever. However,I could not work for my company. Neither would I like to hire someone in the US as it costs a lot,while my business is just a small size one. I don`t know how to figure it out.
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  • wy8162wy8162 subscriber Posts: 3
    Hmmm, it shouldn`t be a problem. Handling and processing documents can be done by a part time US employee. The cost should be acceptable.Another work around is that you hire someone in China to continue work on these jobs under your supervision while you stay in US. This way can eliminate all the legal issues because you don`t need to start an LLC in US. So, you need to pursuade your supplies in China and buyers in US to accept wherever you are.Actually, in China like in US, if the business is too small, you even don`t need to register. So, why bother registering it?Please take the simple and easy path and don`t get things complicated. Otherwise, the time cost is too high as well.
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  • whynotmewhynotme subscriber Posts: 1
    I appreciate your help. I still need to start an LLC in the US as I need to buy the products from the supplier in China and sell them to my buyer here. I don`t like to see my buyer cut me off and deal with my supplier directly. The reason I don`t register in China is there are still many restrictions there and the processures will kill me.
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  • wy8162wy8162 subscriber Posts: 3
    Then, you need to consult with a lawyer. Good luck.
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  • whynotmewhynotme subscriber Posts: 1
    Thank you very much, wy8162. Yes, I will go to a lawyer soon. Good luck to your business too.
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