A person, in theory, is able to file by himself or herself entirely because general boilerplate forms can be found on the internet for anyone to use. Here’s the reasons why we recommend working with a lawyer: -

The difference between working with an attorney and filing the needed paperwork yourself is legal expertise when one’s matter is not straightforward. Working with a professional enables you to explore all the options and decide on what type of business organization is most suitable for your needs and to know with confidence that you are making an informed decision.

You want to make sure that your business and all of the tangential legal issues are analyzed and organized correctly from the very beginning and not realize, down the line, that something was overlooked or not done correctly. This may cause significant hardship and difficulties later on.

Here’s a simplified checklist for a new business owner: -

1. Determine which type of business structure best suits one's needs, i.e., LLC, LLP, S-Corp, C-Corp.;

2. Register business name with the appropriate state and/or governmental agency;

3. Obtain a federal tax identification number;

4. Determine if your business requires a state tax identification number;

5. Obtain the appropriate licenses and permits, if applicable;

6. Obtain appropriate insurance, if applicable to one's business.

It’s beneficial to hire a lawyer to start a business to ensure that all relevant statutory requirements are met. Foreign business entrepreneurs also need to follow the U.S. immigration law. There are a few types of U.S. employment-based visas that enable non-citizens/permanent residents to sponsor themselves if they establish new business in the U.S., and we can definitely discuss the topic in detail.

Sole Proprietorship is one owner maximum, generally needs no paperwork to start, and the owner is liable for all business liabilities.

Limited Liability Company (LLC) is a popular and flexible type of business entity that (1) protects the personal assets of the owner, like a corporation, from lawsuits and bankruptcy but (2) does not have to abide by the same rigid rules and complex tax laws as corporations. Examples: small businesses, startups.

Limited Liability Partnership (LLP) is a business entity typically used by professional service firms and where each partner's liabilities are limited to the amount that each partner puts into the business. Examples: law firms, accounting firms.

S Corporation is a business entity that best serves smaller corporations, wherein there is a maximum of 100 shareholders. This type of entity is taxed once, as the corporation elects to pass corporate income, losses, deductions and credits through to the shareholders for tax purposes.

C Corporation is a business entity that has future plans to go public, can issue shares to founders, employees and investors and can have unlimited number of shareholders. This type of entity is taxed twice - the business pays at the corporate level, and shareholders pay on income received.

We recommend speaking to a lawyer to evaluate whether your small business is in good standing legally as different types of businesses have specific requirements. To talk to our small business law experts at Lu Law, LLC you can set up a free consultation at our contact us page.

The short answer is yes. However, it will also depend on the nature of the business, the necessity of international hire, and whether there is a treaty between the U.S. and the nationality of the international worker(s).

For some specialty occupation positions, we will take the education background and experience of such worker(s) into consideration. Our firm specializes in H-1B, L-1, TN and E-2 petitions for American small business owners. A lot of our clients who sponsor international worker(s) are a small or a start-up business. Please schedule an appointment to speak to our experienced attorney.