Table of Contents Introduction Immigration Hurdles Doing Business in the US Dealing with US Companies

Immigration Resources

United States Citizenship and Immigration Service

Resident & Non-resident Alien US Tax information

US Department of State—Visa Programs

H1B Visa Information Clearing House

Immigration Hurdles

Unlike an American citizen who has access to almost any country, even visiting the US on a business trip is a long paper trail for a foreigner, and becoming a resident is another story in itself. While it is one of the largest buyers of products and services in the world, the country is quite forbidding in allowing immigrants to enter.

  1. If you are a Lawful Permanent Resident.Persons who hold LPR status may remain in the US permanently and live and work wherever they wish. In general, LPRs have the same rights, privileges, and responsibilities as U.S. citizens. LPRs may buy and sell property, own and operate businesses, and may be drafted into the military if a draft is in effect. A few rights, privileges, and duties belong only to U.S. citizens and do not convey to LPRs. LPRs may not vote in government elections, nor serve on juries at trials, nor hold some elected offices or government jobs.
  2. This is a very normal situation, as permanent residents—holding a Green CardThe name “green card” comes from the fact that the predecessor form, I-151, introduced at the end of World War II, was printed on green paper. Form I-551 was adopted in 1977 and has been printed on paper of various colors, none of which were green, but the term "green card" has nonetheless remained in use. As of 2006, the card is mostly yellowish-white and the only prominent green feature is the background of the lettering on the back. A card includes the holder's name and photograph, and other information, and has been updated over the years with numerous anti-counterfeiting devices.—are considered to possess all rights of a citizen except that of voting, and can easily start off a consulting company. There are numerous business sites that will help you formalize the type and scope of your company structure.
  3. If you are a Resident Alien.A Resident Alien in the US is a foreigner who is a permanent resident of the country in which he or she resides but does not have citizenship. To fall under this classification in the US, you need to either currently have a green card or have had one in the last calendar year. You also fall under the U.S. classification of resident alien if you have been in the US for more than 31 days during the current year along with having been in the U.S. for at least 183 days over a three-year period that includes the current year.
  4. This is when you are in the US on a business, intra-company transfer, or a temporary visa program, holding an L1, H1, or other similar visa. You can register a consulting firm as a sole proprietor or an LLC. It is not advisable to seek money or capital from people here, as your visa regulation does not allow this. You cannot also receive wages from this company unless your H1B visa is also held by this company—talk about Catch-22 situations! However, you can be reimbursed for expenses, and this may be a way out to enjoy the business capital you are building up.

Individuals cannot apply for an H1B visa; only US companies can do so for specified individuals. Thus, the company is known as the “H1B Sponsor.”

  1. If you plan to migrate to the US to work as a technical writer for a company in the US, you must remember that the company will have to prove that your qualifications are unique, that you have skills that the market does not provide, and also that your job will not displace a citizen’s job. Think about it. While not impossible to achieve this goal, your casework is sure going to draw an unbelieving smile on the USCIS officer’s face.

USCIS—The United States Citizenship and Immigration Service

  1. If you are based outside the country.
  2. This is a growing phenomenon, as the US allows foreign corporations to set up offices in the country, and states like Delaware and Nevada are most accommodative to file your company, form a board, and file all paperwork for you for a fee. It then is a snap—you only need seek new business; which is in itself a tough task when you are sitting 6000 miles away in another continent, and claiming to be a prolific technical writer.
  3. Having a US office and presence is a great benefit when forming contracts, since most US companies will prefer any judicial engagements within the laws of the United States.