Are you wondering if it's possible to open a company in the USA and get a green card? Here you'll find a tutorial on how to open your company in the USA, and whether you can get your dream green card.
Does starting a business in the USA entitle you to a green card?
Opening a company in the USA doesn't automatically get you a green card, or a permanent visa for the entrepreneur, but if you have a company on American soil it can be a requirement in the quest to get that coveted green card.
To open a company in the USA and get a green card, one of the first steps to getting a green card is to have a company in the USA, and to be able to live legally in the United States.
The interesting thing is that you don't need to live in the USA, or have any identification from there, to be able to set up your business.
So, if you've ever asked yourself: "If I open a company in the US, can I live there?", now you know the answer! Although it's not an automatic guarantee, it's a good first step.
If you are in the USA on another visa, you can apply for a Green Card. You'll have to fill in an "adjustment of status" (form I-485) and go to the interview. You don't have to go back to Brazil for that.
What are the business models for starting a business in the USA and getting a green card?
According to American law, there are a few business models for a foreigner to open a company in the USA and get a green card.
SP (SOLE PROPRIETORSHIP)
This is an individual company, where the capital is the direct responsibility of the partner, as well as the accounting obligations;
GP (GENERAL PARTNERSHIP)
Companies with two or more partners who share the responsibilities of the business. The partner's participation influences the division of profits, losses and taxation.
LP (LIMITED PARTNERSHIPS)
A company with more than one partner. The duties of the partners can be limited or unlimited depending on how they are formulated. Taxation of this model takes into account the assets of the partner.
C (CORPORATIONS)
A company with no limit on the number of partners or owners of shares. Responsibilities are divided among all shareholders according to their share. The company is responsible for paying taxes on profits, while taxation on dividends is paid by the shareholders.
LLC (LIMITED LIABILITY COMPANIES)
Shareholders' responsibilities are limited by the number and value of their shares. It follows the same taxation model as Corporations.
LLP (LIMITED LIABILITY PARTNERSHIPS)
A company with two or more partners who are responsible for running the business as agreed in the articles of association. Responsibilities and taxes are proportional to each partner's stake in the company.
Tips for starting a business in the USA
If you think that starting a business in the USA and getting a green card is an interesting path, here are some tips for you:
In order to open a company in the USA, in addition to choosing one of the above business models, you need to comply with certain conditions.
Otherwise, you won't be able to obtain the necessary authorizations and documentation to open your company. American legislation is different from Brazilian. In the USA, each state has its own legislation regarding the opening and taxation of companies.
It is important to be aware of the rules applied in the state where you intend to open your company. The requirements for starting a business in the USA are:
This makes it easier for those who want to obtain a visa or green card.
Extra Tip: Have an organized service in a more practical way!
We at Red Consulting know that well-established companies, especially those with well-aligned business processes, can not only dream of growth, but will grow!
As a way of consolidating your business, we suggest structuring your customer service with a multi-service whatsapp, which offers chatbots, multiple agents and other resources so that your customer service and sales team can have a unified and organized process.
Did you like this content? Do you dream of living in the USA? Leave your comment below and share your opinion with us!
Does starting a business in the USA entitle you to a green card?
Opening a company in the USA doesn't automatically get you a green card, or a permanent visa for the entrepreneur, but if you have a company on American soil it can be a requirement in the quest to get that coveted green card.
To open a company in the USA and get a green card, one of the first steps to getting a green card is to have a company in the USA, and to be able to live legally in the United States.
The interesting thing is that you don't need to live in the USA, or have any identification from there, to be able to set up your business.
So, if you've ever asked yourself: "If I open a company in the US, can I live there?", now you know the answer! Although it's not an automatic guarantee, it's a good first step.
If you are in the USA on another visa, you can apply for a Green Card. You'll have to fill in an "adjustment of status" (form I-485) and go to the interview. You don't have to go back to Brazil for that.
What are the business models for starting a business in the USA and getting a green card?
According to American law, there are a few business models for a foreigner to open a company in the USA and get a green card.
SP (SOLE PROPRIETORSHIP)
This is an individual company, where the capital is the direct responsibility of the partner, as well as the accounting obligations;
GP (GENERAL PARTNERSHIP)
Companies with two or more partners who share the responsibilities of the business. The partner's participation influences the division of profits, losses and taxation.
LP (LIMITED PARTNERSHIPS)
A company with more than one partner. The duties of the partners can be limited or unlimited depending on how they are formulated. Taxation of this model takes into account the assets of the partner.
C (CORPORATIONS)
A company with no limit on the number of partners or owners of shares. Responsibilities are divided among all shareholders according to their share. The company is responsible for paying taxes on profits, while taxation on dividends is paid by the shareholders.
LLC (LIMITED LIABILITY COMPANIES)
Shareholders' responsibilities are limited by the number and value of their shares. It follows the same taxation model as Corporations.
LLP (LIMITED LIABILITY PARTNERSHIPS)
A company with two or more partners who are responsible for running the business as agreed in the articles of association. Responsibilities and taxes are proportional to each partner's stake in the company.
Tips for starting a business in the USA
If you think that starting a business in the USA and getting a green card is an interesting path, here are some tips for you:
- The documents required to open a company in the USA are a Brazilian passport and an identification document, such as an ID or CNH;
- It is not necessary to travel to the United States to open a company. The whole process can be done over the phone, by email and via the government, state and county websites;
- You don't need to make large investments to open a business in the USA. The minimum amounts are around US $500.00;
- The company in the USA does not need to have links with the entrepreneur's Brazilian companies, if he has a business in Brazil;
- The fact that the company only has foreign partners does not affect the opening of the business;
- Although it is not compulsory, having American partners can make it easier to start a business, especially if it is necessary to obtain financing from US banks;
- Unlike in Brazil, where companies have their activities limited by their field of activity, businesses opened in the United States can offer different services;
- American labor laws are not the same as Brazilian ones. It is therefore important to be familiar with these rules in order to avoid the company opening in the United States being penalized for not following the rules in force.
In order to open a company in the USA, in addition to choosing one of the above business models, you need to comply with certain conditions.
Otherwise, you won't be able to obtain the necessary authorizations and documentation to open your company. American legislation is different from Brazilian. In the USA, each state has its own legislation regarding the opening and taxation of companies.
It is important to be aware of the rules applied in the state where you intend to open your company. The requirements for starting a business in the USA are:
- Define a name: the name that identifies the business. The Doing Business As (DBA) is similar to the trade name of Brazilian companies. It is the name by which the company will be known to clients and customers. It is important that there is no other American company with the name you have chosen. That's why you need to do some research to assess the viability of the name;
- Choosing the type of company: the most chosen model is the LLC, because it is similar to the Brazilian Limited Liability Company. In addition, each shareholder's liability is limited by the value of their shares;
- Address: the company needs a business address to operate. It can be a virtual or physical address, exclusive or shared. In some cases it can be the accountant's address or the addresses of third parties, provided they have given the premises to the company;
- Registered Agent: a natural or legal person residing in the same state where the company will be opened. The Registered Agent receives an official copy of judicial and government communications with the company;
- State Registration: a document drawn up in the state containing information such as the company's name, address, partners and area of operation. To obtain registration, a fee must be paid. State registration is not equivalent to a business license;
- EIN: Employer Identification Number is the equivalent of the Brazilian CNPJ. Some business models require this identification, while others only require the Security Number;
- Have an American bank account: an account in the company's name facilitates the company's financial transactions and gives the business stability. With a company established in the market, it is easier for the entrepreneur to apply for the Green Card;
- Obtaining licenses: the state business license is provided by the Tax Collector's Office in the county where the company is located. Companies that sell products will also need the Sale Tax Certificate issued by the Department of Revenue in each state. This certifies that the company can transfer taxes on goods sold.
This makes it easier for those who want to obtain a visa or green card.
Extra Tip: Have an organized service in a more practical way!
We at Red Consulting know that well-established companies, especially those with well-aligned business processes, can not only dream of growth, but will grow!
As a way of consolidating your business, we suggest structuring your customer service with a multi-service whatsapp, which offers chatbots, multiple agents and other resources so that your customer service and sales team can have a unified and organized process.
Did you like this content? Do you dream of living in the USA? Leave your comment below and share your opinion with us!