"Lawrence Wordsworth" <wordsworth_lawrence@yahoo.co.uk> wrote in
message news:Xns951A98B975590wordsworthlawrenceya@130.133.1.4...
Well, subject is very long, and the answers will probably be just as
long:
What are you really allowed to do when you're a foreigner coming to
USA ?
As a British citizen, I need no Visa to enter USA, as tourist or for
business. And my question is about business.
AFAIK, when coming to USA for business purpose, for a maximum of 90
days,
you're allowed to: sign contracts, meet/prospect clients, take
orders.
Now, here's my own case: I plan to incorporate an LLC in USA -- but
I will
not try to stay there, I'll keep on living abroad. Should I
incorporate it
before coming to USA, using some on-line incorporation service, or
do you
think I'd be allowed to start the incorporation process once in USA
?
It's not that I don't trust incorporation services providers, but
I'd
prefer to meet people, rather than clicking on some checkboxes on a
website.
Second, does the "to sign contract" include "to sign a job
contract", as
I'd need at least one employee for the future business ?
Any person, regardless of whether that person is outside of the U.S.
or in the U.S., and if inside, regardless of whether the person is a
resident or visitor, with or without a visa, of any sort, may form and
own a corporation or LLC. (There are a few exceptions pertaining
ownership of companies having access to classified information, or
producing goods which may not be legally exported, or having certain
types of government contracts, etc.) And therefore obviously, it
makes no difference whether you do it yourself, hire someone to do it,
or use an internet service.
Now to step out of my depth. I know very little about immigration
law. My instinct is that hiring employees would be permitted. As I
understand it, there are prohibitions against "working" without the
appropriate visa or permit. I think "working" means earning wages or
some other form of compensation. Sometimes foreigners visit me and
sign me up to do the things I do. Regardless of whether I become an
employee or independent contractor, I can't imaging that hiring me
would be prohibited as "working in the U.S without the appropriate
visa or permit". Naturally, if a foreigner obtained a job in the U.S.
in which the work to be done consisted of hiring employees (such as in
the role of personnel manager), that would constitute working in the
U.S. It seems to me that the earning of wages is the key, not the
task itself. A better answer can be obtained from the INS, I'm sure.
It's probably on their website.
McGyver
