Legal Question in Business Law in Colorado
Non profit incorporation
Are non citizens (awaiting change of status processing by INS) able to incorporate non profit organisations in California.
3 Answers from Attorneys
Re: Non profit incorporation
Yes.
Re: Non profit incorporation
You're immigrant or, nonimmigrant status has nothing to do with the setting up of the California corporation, profit or nonprofit. The basic question though it is howled at status affect your obtaining your nonprofit 501 (C) (3) exemption from the federal government. Moreover if you are going to want to work for that corporation, be employed by them, if I'm correct there is something that has to be done in regard to your Visa/green card and area which I am not familiar. It depends on what you intend to do with the corporation. Additionally, the federal government will be carefully watching for foreign born individualsf trying to obtain nonprofit status on corporations because of potential terrorists implications. I hope this helps you little bit.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Non profit incorporation
Thank you for your inquiry. Non-immigrants are eligible to form non-profits in California. You will not however be eligible to work for or be paid by the same unless your nonimmigrant visa is tied to the new company. Also, you will wish to confirm that you are in current status before forming the same to avoid issues with the BCIS. Our firm sets up non-profits and handles immigration issues routinely. If we may be of further assistance, please do not hesitate to contact me directly at 619.233.0900.
Sincerely,
Linda Decker
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