New York: Team Member Nationality Requirements

Foreigners wanting to start a business of any type in the U.S. follow the same procedure required for the US resident. US residency (or citizenship) are not necessary to incorporate in the US. However, there are some small specific differences. Please see this guide for an overview and a non-exhaustive list of the differences.

In order to work in New York (or any state in the United States) foreigners need to obtain a US work permit. There is no such thing as a “New York visa” - the system is centralized and US visa types are set by teh federal government. The US Citizens and Immigration Services provides resources and information on visa requirements and processes for working in the United States. The USA has roughly six different types of visas:

  • Immigrant (permanent, employer-sponsored workers)
  • Family (fiancés, family of current U.S. citizens and green card-holders, family of refugees)
  • Humanitarian (refugees and asylum seekers, victims of trafficking, battered spouses and children, etc.)
  • Adoption (children adopted overseas and brought into the US)
  • Military (citizenship for military members and their dependents)
  • Temporary workers (specialized, time-limited professions, athletes, actors, etc.)

In the state of New York, foreigners must consider the following:

  • US citizens and non-US citizens alike can incorporate in the state of New York. As a non-U.S. citizen, incorporating a business in the United States is generally similar to the procedure required for a U.S. resident. Because U.S. citizenship and residency are not necessary, non-U.S. citizens are welcome to start or expand on American soil without jumping through any more hoops than a U.S.-born business owner.
  • However, companies owned by foreign nationals who want to do business in the United States must weigh the options of whether or not to form a corporation or limited liability company (LLC) and whether they plan to maintain a presence in the United States with offices and employees. There are a host of other details to factor into the equation — including differences in language and business practices— but following are the main ones to consider when crossing borders and oceans:
  1. Do you need to incorporate in the United States?
  2. How do you incorporate in the United States?
  3. Which business type should you choose?
  4. Which state should you incorporate your business in?
  5. Do you need a U.S. address to incorporate a business in the United States?
  6. How do you determine your resident status?
  7. Will you be able to receive financing?


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