Legal Question in Business Law in California

Business in the States as a non-American

Can a Canadian citizen open a business (DBA-doing business as) in California and run this business legally in the US? The Canadian citizen does not have a work permit in the States. However, the father is an naturalized American and has his own business in the States. The Canadian intends to pay the States taxes on business transactions occured. The business would be selling gemstones and finished jewellery to retailers. Goods would be purchased in the States and sold in the States. Some goods would be imported but that would be my next question. First things first.

Your help is much appreciated.


Asked on 9/25/01, 4:45 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business in the States as a non-American

There are at least three, perhaps more, separate areas of law implicated by your proposal. They are immigration law, business-licensing law, and tax law.

I think the route that minimizes potential problems in all three areas is to form a Canadian corporation, qualify it to do business in California, then operate it in conformity with the tax laws while the owner obeys immigation law by not working within the United States without a proper visa.

If the proposed business requires the personal presence of a Canadian national in the US, that person will be somewhat limited in what he/she can do, and would be well advised to become familiar with the visa rules for Canadians who work in the US.

Read more
Answered on 11/06/01, 6:15 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Business in the States as a non-American

Thanks for your posting. A Canadian can have a business in the U.S., although it depends on what you mean by 'run' the business. If "running" the business means LIVING and WORKING in the United States (geographically), then you will need to apply for a work visa, as an immigration matter.

Otherwise, there truly is no problem in what you propose.

Read more
Answered on 11/06/01, 8:05 pm


Related Questions & Answers

More Business Law questions and answers in California