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Anyone can start an LLC, there's no restriction. There's no law that says a foreigner can't own majority shares in US companies (apart from airlines). You aren

Anyone can start an LLC, there's no restriction. There's no law that says a foreigner can't own majority shares in US companies (apart from airlines). You aren't necessary an employee of a company you start. If you aren't on the payroll, you aren't an employee. If you start a company, then take profits as dividends, you aren't an employee. You may not even be working as you might just be an investor with a bunch of smart nationals you want to hire. None of this has anything to do with immigration. You might or might not be 'working' but that has nothing to do with being an employee. 'Working' includes working for free. I know someone who came to the US for 6 months on a B1 visa after explaining to the US embassy he would be 'meeting with engineers', 'negotiating contract' and 'communicating with team back in home country'. This is not working, this is a 'business visit'. On top of this these are perfectly fine reasons for certain nationals (think western Europe) while someone from India would very likely be declined.

georgieporgie 15y ago
Anyone can start an LLC, there's no restriction I believe that is false. In order to start a company, you need a federal employer ID number. In order to get an EIN, you need an officer who has a social security number. I believe you are talking about a setup where a lawyer is the principal officer of your company and has agreed to defer to you. This is nothing at all like starting a company within your own state, as a US citizen, which is a simple and (generally) inexpensive affair. You aren't necessary an employee of a company you start. In fact, you are. If you perform any services, you are an employee of the company, regardless of how you are compensated. I would give you a link, but it's from a Nolo Press book. And no offense, but I trust Nolo Press more than I trust you. :-)
- btbuilder 15y ago
  Always talk to a lawyer :) LLCs can be pass-through entities or corporations. EIN application is not a requirement for all company structures. See 'disregarded entities' or single member LLCs. Resident single members can use their SSN instead of an EIN though that's not normally a good idea as it erodes limited liability. In this case, and in the case of a partnership, you are definitely not an employee in the eyes of the IRS. Any foreign corporation can be a member of an LLC. In a single member configuration the LLC would have zero US filing requirement.

georgieporgie 15y ago

Anyone can start an LLC, there's no restriction I believe that is false. In order to start a company, you need a federal employer ID number. In order to get an EIN, you need an officer who has a social security number. I believe you are talking about a setup where a lawyer is the principal officer of your company and has agreed to defer to you. This is nothing at all like starting a company within your own state, as a US citizen, which is a simple and (generally) inexpensive affair. You aren't necessary an employee of a company you start. In fact, you are. If you perform any services, you are an employee of the company, regardless of how you are compensated. I would give you a link, but it's from a Nolo Press book. And no offense, but I trust Nolo Press more than I trust you. :-)

btbuilder 15y ago
Always talk to a lawyer :) LLCs can be pass-through entities or corporations. EIN application is not a requirement for all company structures. See 'disregarded entities' or single member LLCs. Resident single members can use their SSN instead of an EIN though that's not normally a good idea as it erodes limited liability. In this case, and in the case of a partnership, you are definitely not an employee in the eyes of the IRS. Any foreign corporation can be a member of an LLC. In a single member configuration the LLC would have zero US filing requirement.