Forming an LLC in Delaware: Key Considerations for Work Visa and Self-Employment

Aspiring entrepreneurs often wonder if forming a basic LLC in Delaware, or any other state in the U.S., automatically grants them a work visa or permit. The answer is clear: registering an LLC does not equate to obtaining a work visa or permit. This article explores the nuances of the U.S. immigration system and provides guidance on how to legally work for your LLC in the U.S.

Work Visa Requirement

To work legally in the United States, you must have a proper visa. Common work visa categories include H-1B, L-1, and O-1, among others. Each visa category has specific eligibility criteria and an application process. The application process can be complex and involves detailed documentation and adherence to legal requirements.

LLC and Work Permits

It is important to note that an LLC itself cannot issue work permits. Work permits or employment authorization documents are typically granted by the U.S. Citizenship and Immigration Services (USCIS) and are tied to specific visa categories. Consequently, if you wish to work for your LLC, you will need to obtain the appropriate visa.

Self-Employment and Visa Options

If you plan to engage in self-employment through your LLC, you may need to apply for a visa that allows for self-employment. For example, if you meet the requirements, an E-2 investor visa might be a suitable option. This visa is designed for foreign nationals who are investing a substantial amount of capital into their U.S. business and will create jobs for U.S. citizens.

Investment-Based Visas

In addition to traditional work visas, you can also consider investment-based visas if your goal is to both form an LLC and work for it legally. Under the EB-5 program, you can obtain a Green Card by investing a minimum of $1.8 million in a new business that creates at least 10 full-time jobs for U.S. workers. Alternatively, you can invest a minimum of $900,000 if that investment is made in a Targeted Employment Area (TEA), which is essentially a depressed or underserved region.

Challenges and Pitfalls to Avoid

It is crucial to be aware that attempting to unilaterally issue a work permit for yourself and others is not a recognized procedure in U.S. immigration law. Such attempts can be viewed as fraudulent and may result in legal penalties. The process of obtaining a work visa typically requires an employer to file a petition on your behalf. This must be done in accordance with strict regulations and guidelines set by the USCIS.

Furthermore, if your investment-driven visa plan hinges on your business being successful, be prepared for the possibility of losing your status if your business fails. In such cases, deportation can occur, as the terms of your visa may be contingent on your business's continued viability.

Legal Advice and Planning

To navigate this complex landscape, it is advisable to consult with an immigration attorney. They can provide you with personalized advice based on your specific circumstances and help you understand the best strategies for obtaining the necessary visas and legal permits. This includes not only the paperwork but also the legal protections and strategies needed to ensure compliance with U.S. immigration laws.

Conclusion

Forming an LLC in Delaware or any other state does not automatically equate to obtaining a work visa or permit. You must follow the proper legal channels to work in the U.S. If you are serious about starting a business and working for it legally, consider the various visa options and seek professional legal advice. Investments of $1.8 million or $900,000 in a new business in a TEA can lead to permanent residency, providing a long-term solution for your work visa needs.

If you are serious about making your U.S. business a reality, take the time to plan and seek expert advice. Your success and future in the U.S. depend on it.