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I am a student in USA. And I have an idea for a startup. I have people with me (US Citizens) who are willing to help me establishing this company.So i am wondering now what do i need to do (legally) in order to start this company. I will be founder of the company, so what visa do i need or what procedures do i need to perform ?

Thanks

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possible duplicate of Foreigner opening a company in the USA – Karlson Mar 15 '12 at 16:16
There are actually many: answers.onstartups.com/questions/10561/… – Karlson Mar 15 '12 at 16:17
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yes but i am looking for options on what i need to do. the answer there is not sufficient enough :) – Jeet Robert Mar 15 '12 at 16:18
answers.onstartups.com/questions/24226/…, answers.onstartups.com/questions/32344/…, just to find a few there are suggestions when you create a question of possible duplicates and a list of related questions when you see yours. – Karlson Mar 15 '12 at 16:27
You can get a CPT from your school to work as an intern in your own company. To be eligible for a CPT, you must still be a full-time student, you must have already been a student for a year and the job you do must be in line with the studies you're undertaking. – frenchie Jul 7 '12 at 9:27

2 Answers

up vote 3 down vote

My way:

  1. Find a partner
  2. Form a C-corp (not LLC, no S-corp)
  3. Make your partner a president, accountant and whatever else required there.
  4. You must be ONLY a shareholder, nothing else. You must NOT hold any position in the company and you can NOT get any salary
  5. Do whatever you want after that: development, marketing, sales, just don't violate (4).

That's pretty much it. From what I learned that's the only safe way to start a company in the US if you don't have a green card/citizenship.

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i see thank you – Jeet Robert Mar 16 '12 at 19:41
up vote 0 down vote

I started a company on my own when I was on OPT. I think it's a good option to get OPT and start the company. Once you register the company you can apply for e-verify. After you have been approved for e-verify you can extend your OPT(STEM extension) or get a H1B sponsorship through your company. I am not sure but one of friend got a L-1 visa(but he has company registered in India and his US firm is a subsidiary of his Indian firm).

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The problem with that is that in case of audit you'll have to prove that what you do for your company is consistent with your field of study. – Salmon Mar 15 '12 at 21:03
i see. so i do have a partner. everything will be registered on his name. one done registering the company, i can get a sponsorship letter for H1B from him/company right ? – Jeet Robert Mar 16 '12 at 19:43
Most probably you won't be able to get H-1b from such a small company. – Salmon Mar 16 '12 at 19:46
If you just graduated or still a student I suggest you to get a OPT/CPT. You will be able to register a company under your name as long as you have a valid SSN. And as long as you are on OPT your personal income tax will be 0%. You have to show some growth and revenue for H1-B. I am not sure if there a target you have to meet but try your best. – user899893 Mar 16 '12 at 21:50
i see.thanks everyone – Jeet Robert Mar 20 '12 at 14:19

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