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LLC creation with L1 Visa and B1 Visa

Asked by: Carlos - 12 December, 2012
A partner and I want to start an online business in the US. I'm currently on an L1 Visa, but he lives abroad. Is there any restriction for us to create an LLC? I Know I can't work for the company, but I'm the one with the ideas. Therefore he will be the manager and I just will be the partner. Also he has a B1/B2 Visa, so does he need to change it when he comes to do business/managerial stuffs or it doesn't matter?

About where to create the company, I'm in TX and the warehouse will be there also, so it might be convenient to have it there, but I've read your comments about WY. So where would be better to open the LLC?.

Thanks for you support! Looking forward to start the process with you.
Answered by: Ray Albert - 13 December, 2012
Carlos,

There are no restrictions to who can own an LLC, or any requirements that any of the members need to be U.S. residents or citizens, or present in the country at all for the matter. It is quite common to have similar ownership set-ups such as the one you describe, and you can specify exact provisions, such as ownership and management rules, through the LLC's operating agreement.

If the company will be using a warehouse, it will make the most sense to initially register the LLC in Texas, as companies with strong physical presence (i.e., owning/renting physical property such as a warehouse) are required to be registered in that state, respectively.

To my knowledge, there are no visa requirements to register or maintain a U.S. business. It is always the best idea to consult any visa questions with a licensed immigration attorney.

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