Frequently Asked Questions
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We often receive questions with frequent questions about immigration, living in the USA, opening a company in the USA, among many other topics that involve your move and commercial and personal establishment in the USA. If your question is not listed here, please do not hesitate to contact us and our specialists will be happy to assist you!
Can we create a branch, branch or extension of our Brazilian company in the US? Or should we create a new independent company?
In fact, the American company is an “independent” legal entity when created. That is, it can be a branch or subsidiary of your Brazilian company or not. The procedure is basically the same, the only thing that changes in the case of setting up a branch is that the company, after being created, issues share certificates or purchases of shares. If a shareholder is a legal entity and holds more than 50% of the shares issued, then the American company becomes a “subsidiary” of that parent company.
Is there a pre-established capital for opening the company?
Do not. It is normally the initial deposit that the partner makes when opening the bank account that is considered the initial capital of the company.
In which states can we, as foreigners, open the company and which would be the most suitable? Remembering that I will have more access to New York?
America Expert opens companies throughout the United States. Therefore, the point that will determine the best place for opening your company will be how much you will have to pay tax. One of the best states to start a business in is Florida, as it has the lowest state tax (5.5%). Even opening a company in Florida will allow you to do business in all 49 other states. Besides FL having a more attractive tax, there are several other reasons to open a company in Florida. They are: geographically well located, being the closest state to Latin America, it has great cultural richness, bringing together people from several countries, and extremely consumerist, as they are mostly tourists, it has one of the largest ports and airports, etc. .
Would America Expert act as registered agent for the company?
Yes, we will be the registered agent for the new US entity. For every company in the name of a foreigner, the US requires a legal representative to answer for the company in case of receipt of official correspondence, etc.
Do the partners of the American company need to be physically in the US to open an American company? And the bank account?
It is not necessary the presence of any of the partners to open the company or open a bank account. Everything is done online.
Do I need to have US$1 million to open a company in the US?
It is not necessary to have a minimum investment to have a company in the United States. What does exist is a type of immigration visa where the provision of US$1,000.00 by the foreigner is generally required, however applicants who choose to invest in a high unemployment rate or rural area may qualify with an investment from US$ 500,000. This investment law is on the agenda in the US Congress to change investment values and rules. However, for open a company in the usa there is no minimum investment prerequisite.
Do I need to hire employees to have a company in the US?
It is not necessary to have employees hired to have a company in the United States. If opening the company is through the EB5 visa (the most recommended) the answer is yes. The EB5 visa is a job creation, which provides lawful permanent residency (green card) in the US to foreign investors and entrepreneurs who can develop a new business venture in the US. To qualify for an EB5 visa, the applicant must make a substantial investment in a new US business venture that will create at least 10 full time employment opportunities within 2 years. The applicant must also be actively involved in the day-to-day management of the company.
Is it necessary for any of the partners to reside in the US to have a company?
Do not. No partner needs to have any ties to the US.
Do you also do accounting?
Yes, we do the company's accounting. We create the accounting book, the list of accounts, we make entries, reports, issue invoices, reports and tax declaration on sales, when necessary, etc... Other services that are also included in this package: logistics (storage and handling service , pallet receiving), virtual office, address, tax and legislative support, registered agent, technical and virtual support, legal representation, concierge services and much more! All this so that our customers do not have to pay rent and other fixed costs.
How would our income tax be here in Brazil?
The taxes of American companies must be paid in the United States, however, our package of services includes the necessary support in this regard, also as part of our maintenance.
Isn't tax charged by the Brazilian government?
If you refer to the bank fee, each bank has its policy and its tax collection amount, this you have to check with your relationship bank, how much they charge, (these taxes are charged in Brazil) and not here in the US. If you are referring to income tax, you would have to declare this amount received as income from you, an individual and you would have to declare it in your personal income tax in Brazil.
Do I need a visa to open a USA company?
You do not need to have a US visa or Green Card to open a USA company or buy a company. In fact, you don't need to be in the US to do this. However, merely creating a US company does not entitle its individual owners to work in the US.
What is the L-1 Business Visa?
The L1 visa serves to transfer executives from a foreign company who wish to work for an affiliated American company. The first visa granted is valid for 1 year and can be renewed twice, for a period of 3 years each time. The maximum period of use of the visa by the same person is seven years. The applicant must be a person who exercises an executive function. To qualify for the L-1 visa the person must have worked for at least 1 year for the company affiliated with the US company (within the last 3 years). The process normally takes between 2 and 3 months. Application can be accelerated with special forms. One of them ensures that the EB 5 application is processed within 15 days. If it is not processed within this period, the fee will be returned and the application will continue to be processed with priority.