US Corporate Formation and the E1 visa

American employment visas can be difficult to obtain for some foreign nationals. Hopefully, the following article will shed some light upon the Employment visa categorized as E1. This author also hopes that this piece will also prove enlightening for those thinking about setting up an incorporated entity in the United States of America.

Company Registration in the United States and US Immigration might seem, at first glance, to have no relationship. In reality, nothing could be further from the truth. As the recent economic turbulence has created tremendous investment benefits in the United States many countries with strong foreign currencies are looking for investment opportunities in the USA. This could be due to the increasing availability of cheap internet services in countries outside of the United States. Whatever the reason, foreign investment in the United States is a positive trend as foreign capital can provide economic benefits to the United States as a whole and also produce jobs for Americans in communities where foreign businesses choose to operate.

Those doing research on the E-1 visa for the first time are often quick to point out that one of the major requirements for American E-1 visa issuance is the existence of a viable commercial enterprise in the USA. Many foreign nationals who conduct business in the United States do not realize that one of the best ways to protect both personal as well as corporate assets is through use of limited liability. Limited Liability can be generally summed up in lay terms by quoting Wikipedia.org:

"Limited liability is a concept whereby a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a company or partnership with limited liability. To put it another way, if a company with limited liability is subjected to a lawsuit, then the plaintiffs are probably bringing suit against the company, not its organizers, managers, or investors."*

Limited Liability can provide an extra layer of legal protection for those in the United States on an E1 visa who conduct trade or business through a corporate entity incorporated in the United States.

Keeping this in mind, those wishing to apply for an Employment based visa to the USA are prudent to bear in mind that Employment visa applications must be bona fide. This means that individuals and companies should be seeking visa benefits based upon genuine business imperatives. An application should not utilize legal entities pretextually in an effort to gain visa benefits. That said, even those with a bona fide need for immigration benefits may find legal consultation advantageous as the visa process can seem somewhat convoluted for those who are not accustomed to dealing with the American Immigration system.

http://en.wikipedia.org/wiki/Limited_liability

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