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.
2 Answers from Attorneys
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.
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.
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