International Business Set in USA

Set Up a Company in The USA As A Non-Resident

Starting a new venture in a foreign land can be both exciting and overwhelming, and the US has been welcoming new foreign startups for some years. If you are looking forward to setting up a company in the USA, you have to follow certain steps to register a company in the USA as a non-resident.

The steps you need to follow to set up a US company as a non-resident are mentioned below:

Step 1: Determining Stage:

In this stage, you are required to determine what you want to do, where and how you will do it, how much you need to invest, and whether you have a sufficient budget for the investment.

Which state to choose for launching a business in the US?

The first crucial thing you need to determine is the location in the US where you are going to set up the company. Remember that each state in the USA has its own rules and regulations, and tax schedules when it comes to business. While selecting the location, consider the demographics of targeted customers and employees, state laws, competition, infrastructure, availability of resources, and other factors.

Do you need a business visa to launch a business in the US?

In case you plan to set up and own a company in the US without living in the country, then there is no need for a business visa. Now that managing a company in the US is considered a type of employment, you are required to have a valid work visa for managing the company from within this country.

If you are a part of a US company as a director or shareholder, then there is no need for a visa. But if you are working as an officer for the company, then you are required to have a valid work visa.

Your requirement for staffing for the company

It is time to decide the number of employees you are required to appoint in the US company. Next, you need to determine if you are going to bring employees from overseas or you are going to hire them from within the USA. Always keep in mind that employees hired from a country other than the USA require valid work visas to perform their duties in aUS-based company.

Capital needs of the company in the USA

In this section, you are required to determine the total amount of capital to be invested in the company and who is going to invest. The share of ownership of each individual or organization is also to be figured out.

Step 2: Planning stage

In this particular stage, you are required to plan some important aspects of the business

Whether to set up a corporation or a limited liability company:

As for now, the USA allows non-residents to set up two types of companies- corporation or limited liability company. While often, non-residents are advised to form a corporation, there are distinct benefits of setting up a limited liability company in the USA. You need to figure out the pros and cons of both options before launching a business in the US.

Decide the capital structure of the company:

By capital structure, it implies how many shares and debentures will be the company issuing. If a company is issuing shares, then at what par value will they be issued. And how much will each shareholder be permitted to contribute to the capital of the company?

Determine the roles and responsibilities of officers and directors of US companies:

Officers of the company include secretaries, presidents, and treasurers. Their main responsibility is to look after the regular operations of the company. The Board of Directors is appointed by shareholders, and they are responsible for setting priorities and appointing officers for the company.

Step 3: Registering Stage

Now that you have determined and planned important things, it’s time to register a company in the USA. The procedure for registering a US company varies from state to state, and here is the basic procedure to be followed to register a US company:

Select the unique name for the company:

Before choosing the name to register a company in the USA, you need to carry an extensive legal search to know if the name or tagline you are thinking for your company is already taken in the USA. It is not legally allowed to use the same name as another company. You are supposed to choose a unique and attractive name for the US company.

Register with the state agencies: 

It is mandatory to register with the state’s agency where you are going to set up a US company. The activities determining that your company is working in a particular state involves:

• Incorporating a company is a particular state,
• Employees working in the same state,
• A company earning a significant amount of revenue or profit from a specific state, etc.

Contact a registered agent:

Contacting a registered agent is beneficial when planning to register a company in the USA. A registered agent will receive official documents related to your business on behalf of the US company.

File for foreign qualification:

It is essential to file for foreign qualifications in other states of the USA where you are thinking of conducting business activities.

File the required documents and fees:

The documents you are required to file for are the name and location of the company, ownership, management structure, directors of the company, number and value of authorized shares, etc. The registration fees are to be paid depending on the states in the US. Typically, the fee to register a company in the USA is less than $300.

Open a local business account:

If you don’t have a business account in the US, you are required to have one. Having a local business account makes it easy to carry out business financial transactions in the US.

Looking for help?

Does this process appear to be overwhelming? Do you need experienced immigration advisors who can help you with setting up a company in the USA? Feel free to contact us at any time. Experts at FlyingColour can provide necessary guidance and assistance making it easier to set up a company in the USA.