U.S. business
Start your U.S. company from anywhere.
Want to register your business in the U.S. without moving first? You do not have to be a citizen, a permanent resident, or even in the country. The entity can be set up from wherever you are.
And if you are heading toward an O-1, that company is not a side quest - it is the petitioner.
Our incorporation partner
We have partnered with Firstbase.io
They handle the registration end to end, so the paperwork stops being your problem. Working through PassRight takes 15% off their services - enter the code PASSRIGHT15 at checkout.
Why it matters
Your company is what files the O-1 petition
The O-1 is an employment-based application, so the applicant has to show a job offer from a U.S.-based company. You cannot petition for yourself - but a separate legal entity that you own can file the petition on your behalf.
For that to work, the company has to be properly registered and permitted to operate in the U.S. Evidence of incorporation is one of the requirements for an O-1 petitioning company.
Incorporating in the wrong shape, or in the wrong state, is fixable - but it costs time you may not have. Worth a conversation before you file anything.
C-Corp or LLC
Both shield you personally. They differ everywhere else.
Either option lets founders and their partners limit their exposure to company debts and liabilities. What changes is the paperwork, the tax treatment and what happens when you raise.
C-Corp
Formal structure, built for raising money.
- A separate legal entity with a more formal management structure.
- Required to hold an annual shareholder meeting and to observe the governance rules of the applicable state law.
- Incurs double taxation.
- Can raise capital - which makes it the usual choice for startups that will fundraise from investors.
LLC
Fewer obligations, more flexibility.
- A simple way to protect you and your partners from personal liability and to preserve intellectual property.
- Fewer legal requirements, no obligatory shareholders' meetings, no duplicated taxation on salaries.
- Ownership can be distributed freely, and partners or investors can be brought on board.
- A good option for smaller businesses that need flexibility.
Before you incorporate
The questions founders ask us first
Can my company be incorporated in a different state from the one where my worksite will be located?
Corporations and LLCs are domestic only in the state where they were incorporated or formed. If your worksite sits in another state, you register there as a foreign LLC or foreign corporation - a process called “foreign qualification”. Incorporated in Delaware but working out of California? You file a request with the California Secretary of State's office. Each state has its own requirements, but the Foreign Registration Certificate is fairly easy to obtain.
Which company documents will I need for my O-1 application?
The certificate of incorporation (or certificate of formation, for an LLC), the EIN notice, and a foreign qualification certificate where one applies. Contracts with potential customers, a company website and any pitch decks are strongly recommended on top of that.
Can a foreign national register a company in the U.S.?
Yes. You do not need to be a U.S. citizen or a permanent resident to incorporate in the U.S. - and you do not need to be physically present either. The company can be established from wherever you are.
Get started
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Tell us what you are building and where you are heading with it, and we will map the company setup against the visa you are aiming for. Prefer to talk it through first? Book a free call.