Corporation Employ Any Foreigners
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FAQ
Nonresident alien employees are required to fill out Form W-4 in the special way described at "Withholding Exemptions - Personal Exemptions - Form W-4". Some nonresident aliens are eligible for exemptions from federal income tax withholding on wages because of tax treaties.
Generally, there are no restrictions on foreign ownership of a company formed in the United States. The procedure for a foreign citizen to form a company in the US is the same as for a US resident. It is not necessary to be a US citizen or to have a green card to own a corporation or LLC.
United States Citizenship and Immigration Services (USCIS) regulations require that non-citizens apply for and obtain work authorization before they can be lawfully employed. This process often takes several months and may be delayed even longer by diplomatic complications.
Nonresident aliens can work in the United States after they have been authorized. They can become authorized by filling out Form I-9, Employment Eligibility Verification. This form confirms the alien is who they say they are and is eligible for employment.
An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.