Becoming a U.S. citizen is a dream of many. Every year thousands of citizen candidates seek ways to obtain U.S. citizenship. This is because U.S. citizenship has various advantages that range from voting to running for office rights. Getting citizenship is also a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will weigh how you can become a U.S. citizen and provide ideas for your best way forward! 

**Birth in the US or Its Outlying Possessions** 

If you are born inside the U.S. or one of its outlying possessions, you are automatically granted U.S. citizenship! The outlying possessions of the U.S. are territories of Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands, and Guam. 

Birthright citizenship is as old as the United States, and it was constituted as a right in the Fourteenth Amendment: 

“*All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and the State wherein they reside.*” 

However, there is an exception to this right for children whose parents are foreign diplomats working in the U.S. at the time of the child’s birth. 

**Birth to Citizen Parent(s) – “Acquisition”** 

If you are born outside of the U.S. to a citizen parent or parents, you may “acquire” citizenship through your parent or parents. 

However, as the name suggests, you are not automatically granted citizenship at birth. Instead, to acquire citizenship through your parent or parents, you need to apply for a citizenship certificate by filing [Form N-400](https://www.uscitizenship.info/us-citizenship/citizenship-certificate/?r=usca-referral), Application for Naturalization. Moreover, the requirements for you to be eligible for acquisition differ according to the number of citizen parents you have. 

Please be reminded that the current laws regulating the requirements and procedures of acquisition are valid for children born on or after the 14th of November 1986. 

**If both of your parents were U.S. citizens at the time of your birth:** 

Your parents must have been married at the time of your delivery, and at least one of your parents must have lived in the U.S. before the birth. 

**If only one of your parents was a U.S. citizen at the of your birth:** 

Your parents must have been married at the time of your delivery, and the citizen parent must have lived in the U.S. for at least five years before dawn. Lastly, two years of the five years lived in the U.S must be after the citizen parent’s 14th birthday. 

**Naturalization** 

Naturalization is the process by which green card holders (with exceptions) of the U.S. can become a U.S. citizens. Paths to naturalization vary from applicant to applicant and, therefore, can be a long and confusing journey for some. There are multiple categories with which the citizen candidate can apply for U.S. citizenship. And eligibility requirements for naturalization vary according to the candidate's category. To reach the categories and look into their specific requirements, please see Citizenship and Naturalization. 
However, there are still standard requirements that every candidate must meet to be eligible for naturalization: 
 
*Listed requirements with a star symbol (*) means that there are exceptions to them based on military service * 
 
- The citizen candidate must be a Green Cardholder* 
- (The time you must spend as a permanent resident in the U.S. varies according to your category) 
- The citizen candidate must complete their category's wait time after the Green Card is issued* 
- The citizen candidate must be at least 18 years of age. 
- The citizen candidate must not take trips six months or longer outside of the U.S. during their designated wait time before naturalization application. 
- The citizen candidate must have been residing in the state s/he applies for naturalization for at least three months. 
- The citizen candidate must have a good moral character. Please see this PDF file to understand better 'what having a good moral character entails. (Starting with page 9) 
- The citizen candidate must accept to serve in the U.S. when called upon for national duty. 
- The citizen candidate must be willing to protect the Constitution of the U.S. 
 
To reach the categories and look into their specific requirements, please see [Citizenship and Naturalization](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization). 
 
You may also find this useful online [Naturalization Eligibility Tool](https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility) prepared by USCIS, automatically articulating your eligibility with criteria questions.

**Children of Parent(s) Who Completed Their Naturalization – “Derivation”** 

If you are born into the parent(s) who are naturalized, you may be eligible for naturalization through your parent(s). This is called “derivation,” as you ‘derive’ citizenship from your naturalized parent(s). To be eligible for derivation, you must be younger than 18 with a green card and be physically present in the U.S. under the supervision of your family. 

As we explained, there are numerous ways to become a U.S. citizen. Whether you are born in the U.S., born into a U.S. citizen or naturalized parents, or have a green card, you can be a U.S. citizen or get the chance to be one! If you know your status and how to proceed with your application, you will be officially recognized as an “American” and join the thousands of people whose dreams came true! 

We look forward to hearing from you with any questions and inquiries concerning becoming a citizen and cannot wait to be a part of your citizenship journey!

Getting citizenship is a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will weigh how you can become a U.S. citizen and provide ideas for your best way forward! 

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How to Become a US Citizen - The Ways of Becoming a US Citizen

As America is a federal state, the rules, regulations, and socio-economic and demographic factors for new business formations vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies. Therefore certain States draw more capital and investment than others. 

By evaluating different content from sources such as seeking capital and tax foundation and considering various economic, social, political, and demographic factors that play into the success and sustainability of business operations. We have selected the ten best states to **start your business in the United States**:

- Utah 
- Texas 
- Georgia 
- Colorado 
- North Carolina 
- Florida 
- Oklahoma 
- California 
- Montana 
- Wyoming 

This is not news; America is renowned for its business-friendly environment, where numerous start-ups are initiated each year, and companies become internationally recognized brands. This is because the U.S. has long been a center of investment and innovation in various sectors ranging from technology to media. It continues to attract business individuals and their projects by creating convenient immigration opportunities and viable financial incentives. Furthermore, through the continuous flow of investment and bright ideas, America can race past the world's leading economies. It can provide its citizens and nonimmigrant residents with various employment opportunities.

Read [Starting Your Business in the USA](https://www.grapelaw.com/2021/05/31/starting-your-business-in-the-usa/) on our blog.

In that regard, let’s explore how certain states spearhead this business diversity and sustain the leading position of the U.S. in business productivity! 

***Please be reminded that the states below are in no particular order.** 

##### Which State Should You Start Your Business? 

###### **Utah:** 

Utah is one of the prominent states that rank high on several factors for the success of start-up businesses. The steady increase in the working-age population, easy access to venture capital, and angel investors make Utah a “go-to place” for corporate foundations. Recently, companies in Utah have achieved a total of $1.16 billion and $11.5 million per entity in funding. This is in line with the growth rate of start-up companies in Utah which shows overall business success and creates abundant employment opportunities. 

Though Utah imposes corporate, individual, and sale taxes, they are at a comparatively low rate (4.95), enabling businesses to operate without the burdensome cost of taxation. 

###### **Texas:**

Texas is amongst the most popular states for entrepreneurs to start their businesses. This is because Texas doesn’t levy corporate or individual income tax, making the foundation of various company types easy and cost-effective. Besides, Texas rates high on venture capital investment with approximately $3 billion and has a dramatic 8 percent increase in the working-age population with 8 percent. These factors, together with the low cost of living and affordable property prices, allow beginning businesses to have a good start and prosper quickly in Texas.
 
###### **Georgia:** 

Georgia and Atlanta are leading the recent ascent of Southern states as beautiful places to start businesses. Though Georgia has corporate and individual income taxes, their rates are low. Furthermore, these taxes are compensated by factors such as the high venture capital investment ($10.2 million per company), being rated well above the average in population percentage that started a new business (with 0.42 percent), and entrepreneurs' share that started their businesses out of opportunity instead of necessity.

###### **Colorado:** 

Though Colorado doesn’t rate high on the venture capital invested in new businesses, it makes up for the lack of money with the early survival rate of its companies (81.12 percent). Besides, Colorado ranks excellent on the number of jobs created in the first year of start-up businesses with 6.45 and has a promising working-age population increase of 7.2 percent. Lastly, Colorado has one of the lowest corporate and individual income taxes throughout the United States, with 4.55 percent for each! 

###### **North Carolina:** 

One of the shining stars rising from the South, North Carolina’s venture capital invested in start-up businesses is one of the nation’s best, with $15.1 million per company. Easy access to capital and a solid 4 percent increase in the workforce enables Colorado businesses to have a survival rate of 81.2 and attract investors from both inside and outside the United States. This is strengthened by the fact that North Carolina has the third-lowest corporate income tax in America with only 2.50 percent, and one of the lowest individual income taxes with 4.99 percent! 

###### **Florida:** 

The admiral ship of Southern states, Florida, is renowned for its one of the lowest actual labor compensation costs per hour and “no individual income tax” policy. Though Florida levies corporate income tax (5.5 percent), its rate is comparatively low and doesn’t affect the fact that Florida has the highest population percentage of new entrepreneurs, with 0.46 percent. The prevalence of unique business formations also makes Florida one of the leading states, with start-up companies creating 6.41 employment opportunities annually on average. 

###### **Oklahoma:** 

Even though the working-age population increase in Oklahoma is only 0.7 percent, its venture capital invested in new businesses is quite impressive, with $4.39 million per company. Moreover, Oklahoma is prone to entrepreneurship, with 0.39 percent of its population, which is higher than the national average, starting a new business. Cost-efficiency of doing business in Oklahoma also makes it the third-best state in the rating of early business survival rate (81.51 percent). Lastly, Oklahoma has modest corporate and individual income tax rates, which are 4 and 4.75 percent, respectively.

###### **California:** 

The start-up heaven for Americans as well as immigrants, California is by far the leading state when it comes to venture capital investment amount. Thousands of new businesses are initiated yearly, yet California provides a fantastic $27 million per company in funding. 
Easy access to capital makes California an attractive hub for entrepreneurs whose population share is 0.45 percent. This rate is second-best in the country and designates the Golden State as a unique destination for start-up employment opportunities, with an average of 6.47 new jobs created annually. On the other hand, California's biggest and only downside is its high corporate and individual income taxes rates of 8.84 and 13.30 percent, respectively. 

###### **Montana:** 

What makes Montana great for new business formation is its favorable tax rates. Montana has a comparatively low corporate and individual income tax rate (6.75 each) and no state income tax! Montana's other critically important opportunity is its inexpensive yet qualified workforce. “[Montana has the second-lowest cost of real labor compensation at 31.56 per hour on average.](https://www.seekcapital.com/blog/best-states-to-start-business/#mcetoc_1dnvsb17sb)"

###### **Wyoming:** 

When it comes to being tax-wise business-friendly, no other state beats Wyoming as it levies neither corporate nor individual income tax at all! This makes the entrepreneur share rate of Wyoming's population one of the highest in America (0.45 percent). Though the working-age population of Wyoming is declining, it achieves a solid amount of venture capital investment per company. It has one of the highest early business survival rates, with 81.66 percent. 

As we explained, starting a new business in the U.S. is a multifaceted journey with many factors contributing to the entrepreneurs' final decisions. Though America is a business-friendly country and supports local and foreign investments to improve its economy and create new employment opportunities, it is still a federal state with 50 different governments, making the business-formation processes much more challenging. 

In that regard, it is best to consult an expert team of U.S. business law professionals to assist you throughout this long and bumpy road. As Grape Law Firm PLLC, we are here to be the experienced and quality legal assistance you need and can't wait to tend to your questions and inquiries. Please don't hesitate to send your emails to **info@grapelaw.com** or schedule a meeting via our [Calendly](https://calendly.com/grapelaw) calendar!

As America is a federal state, the rules, regulations, and socio-economic and demographic factors for new business formations vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies.

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The Best States to Start Your Business in the US

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is very important before your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is highly critical to be knowledgeable about the US business structures to guarantee your company's safety and success in the long run. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS)](https://www.irs.gov/forms-pubs/about-form-2553). 

In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step.

Recommended reading: [Starting Your Business in the USA](https://www.grapelaw.com/2021/05/31/starting-your-business-in-the-usa/) 

##### What Are S Corporations?
 
S corporations are among the most popular company types in the U.S., particularly amongst start-up entities. This is primarily thanks to S corporations enabling shareholders to avoid double taxation. Double taxation designates that “Shareholders of S corporations report the flow-through of income and losses on their tax returns and are assessed tax at their tax rates” instead of taxing both corporate and individual incomes. This leads many starting business individuals to choose S corp as it proves cost-efficient and more financially sustainable. 

S corps also have limited liability protection that shields shareholders from personal liability of the company’s debts, protecting them from the potential loss of private possessions or savings. However, qualification for S corporation status comes with various detailed requirements that make the foundation process challenging. 

##### What Are the Requirements for S Corporation Qualification? 

Primary requirements for S corporation qualification are: 

- The corporation must be a domestic entity. 
- Partnerships, corporations, and non-residents can’t be shareholders. 
- The corporation can’t have more than 100 shareholders. 
- Stocks owned by shareholders can only be one type. 
- The corporation mustn’t be an ineligible organization such as banks, insurance companies, domestic, international sales corporations, etc. 

##### What is the Process of Starting S Corporations? 

Starting S corporations has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. However, the most crucial fact to remember is that S corps are not business structures like C corporations or LLCs are, but tax statuses that allow additional benefits like single taxation and limited liability protection. In that regard, you must first form a C corporation or LLC and only then switch to S status. 
 
Here below, we specified three essential steps that you must take to start your S corporation:

- Naming your LLC or C Corporation and selecting a unique trademark 
- Registering the business and filing the articles of organization 
- Obtaining an [Employer Identification Number (EIN)](https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers) and filing the [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) 

###### Naming Your LLC or C Corporation:

Selecting your business name means deciding on the representation of your brand identity. Hence, it is critical that you choose a name that will become an embodiment of your products and services. In that regard, you need to ensure that your business name and trademark are unique to your brand and can’t be mistaken for any other companies’ names or trademarks. Use IRS’s [Trademark Electronic Search System](https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk) to help you with this process. 

###### Registering the Business and Filing the Articles of Organization:

Business registration makes your company a legal entity that will conduct lawful business operations. For your LLC or C corporation, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or which (RAs can be companies too) will receive official papers and legal documents on behalf of your company](https://www.sba.gov/business-guide/launch-your-business/register-your-business). You will register your business with the state by filing certain required documents such as **articles of organization and company operating agreement.**

- Article of the organization is a document that makes a broad definition of your company’s operational basics. 
- The operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles 

It is necessary to note that not all states require you to file an operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business. 

###### Obtaining EIN and Filing the Form 2553: 

An Employer Identification Number is a fundamental step in starting a company in the United States. This is because EINs will enable you to pay your required federal and state taxes, open a business bank account and apply for business licenses and permits, all critical next steps necessary for business formation. Lastly, while applying for EIN, you’ll be directed to Form 2553, the Election by a Small Business Form, which you’ll use to establish S corp tax status. 
 
Forming S corporations is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All three stages require exhaustive legal research and meticulous road planning for a smooth and risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation. 

Please do not hesitate to contact and reach us via **info@grapelaw.com** or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!

The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by [Internal Revenue Service (IRS). In this writing, we will be exploring S corporations and the process of forming S-type companies in the US step by step. 

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How to Start S Corporations in the US

Many people dream of coming to the US and paving the way for naturalization by getting a green card. There are various family green card options for individuals with an immediate US citizen relative. But if you are not lucky enough to have a family member who is willing to sponsor your green card, don’t worry! There are **employment-based green** cards such as **EB-2 and EB-3** with which you can become a permanent resident and worker in the United States. 

These green cards are prevalent and preferred by many qualified applicants, special knowledge, and extraordinarily talented individuals. On the other hand, US citizen sponsorship is also needed for employment-based green card applications. This requires a valid job offer from employers in the US as well as a labor certification. Henceforth, the application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries!

##### Obtain Your PERM Labor Certification
 
Firstly, you should obtain your PERM Labor Certification (LC), issued by the Department of Labor (DOL). Your employer makes a PERM application, and with the labor certification, it is proven that you are qualified for the job offer. There is no American worker to replace you. Therefore, it is the most crucial aspect of the application. 

You may find our detailed writing [What is PERM Application? How to Apply?](https://www.grapelaw.com/2022/02/18/what-is-perm-application-how-to-apply/) helpful in learning more about the PERM application process. 

##### Find Your Sponsor 

Your sponsor, which in this case is your employer, will file the form I-140 (Petition for Nonimmigrant Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). In this process, it is re-evaluated by the DOL that your employer will be able to afford the determined salary and that you meet the requirements of the job position. 

##### Complete Your Application 

To get an employment-based green card, you must make a general application. Green card applications can be made in two ways depending on your location. First, if you are currently in the U.S. on a legal status, you must apply for “Adjustment of Status” by filing the Form I-485 (Adjust or Change My Nonimmigrant Status) with the USCIS. If you are outside of the U.S., you must apply for a green card via U.S. consulates in your country by arranging an interview after completing the online DS-260 (Immigrant Visa Electronic Application) form. Following the interview, you will be issued an immigrant visa with which you can enter the U.S. This process is known as “consular processing.”
 
Getting a green card and benefiting from its advantages is a significant step towards establishing a living in the United States. With a green card, you can permanently live and work in the U.S. and apply for naturalization soon. However, if you don’t have an immediate relative who is a U.S. citizen, you might use employment-green cards instead. 
 
Even though you might have a valid job offer from employers in the U.S., you will likely be confused and frustrated while trying to figure out which type of employment-green card among the five you should apply for, their unique requirements, benefits, and more. In that regard, we ensure that you make the necessary preliminary preparation and research and accompany you throughout your green card journey with our exceptional legal expertise and result-driven insights. 

If you have any questions or requests regarding the employment-based green card types and their application processes, please don’t hesitate to contact us by emailing info@grapelaw.com or scheduling a face-to-face consultation via our [calendly](https://calendly.com/grapelaw) account!

The application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries! 

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How to Get a Green Card With US Employment 

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation. In addition, the right company type depends on various factors, such as the investment sector, the number of investors, personal business plans, and financial aspirations. In that regard, it is extremely critical to be knowledgeable about the US business structures to guarantee your company's safety and success eventually. The most common company types in the US are Sole Proprietorship, Partnerships, Corporations, S Corporations, Limited Liability Company (LLC), and Professional Limited Liability Company (PLLC) as listed by Internal Revenue Service (IRS). In this writing, we will be exploring LLCs and, step by step, the process of forming an LLC company in the US. 

#### What is a Limited Liability Company? 

LLC is one of the newest company types in the US, with various personal benefits and tax advantages. LLC offers its owners or board members the personal liability exemption, which protects owners’ or board members’ personal assets from confiscation in case of bankruptcy or lawsuits. LLCs are also exempt from double taxation. This means that LLCs do not pay corporate taxes, but instead, their owners or board members are individually taxed via their share of profits of LLCs’ total income. Hence, LLCs might be a fit choice for individuals with substantial personal assets that they want to protect and/or want to pay less tax rate than a **“C type”** company. 

#### What is the Process of Forming an LLC?
 
The process of forming an LLC has many steps that need close attention and professional guidance. The number of steps might differ from source to source depending on the subjective interpretation of the requirements’ importance. Here below, we specified seven steps that you must take to form your LLC:

- Selection of business location
- Selection of business name
- Registration of business 
- Obtaining federal and state tax IDs 
- Application for licenses and permits 
- Opening a business bank account 

##### Selection of Business Location

The state and local area where your LLC will be formed is essential. Selecting the LLC location depends on several factors, and each factor’s importance should and will be weighed according to your business aspirations and preferences. But there are expected costs/benefits points you should consider while deciding on your business location.
 
Business expenses are unique to specific areas that might adversely impact your business inception and short-term growth. These might be state-wide or locally governed regulations or related to the economic conditions of states and local areas. Government-regulated expenses can be minimum wage laws, standard salaries, tax requirements, and the costs of government licenses and fees. Region-specific business expenses as results of locations’ economic conjuncture are expenses such as rental rates, property values, utilities, etc. In that regard, making a well-thought articulation of the costs/benefits of your business’ location is fundamental for a successful financial venture. 

##### Selection of Business Name
 
Selecting your business name means deciding on the representation of your brand identity. Hence, it is crucial that you choose a name that will become an embodiment of your products and services. Though the rules regulating naming an LLC differ from state to state, there are common ones that apply to all states. Generally, your business name must end with LLC or its alternatives, such as Limited Liability Company or Limited Company. The selected business name cannot be the same as the name of other already established LLCs. 

##### Registration of Business
 
Business registration makes your company legal to conduct lawful business operations. For your LLC, you will need to register your business with the state where you are forming your company. On the other hand, before registering your business, you must have a registered agent [who (RAs can be individuals) or who (RAs can be companies too) will receive official papers and legal documents on behalf of your company.](https://www.sba.gov/business-guide/launch-your-business/register-your-business) You will register your business with the state by filing certain required documents such as articles of organization and LLC operating agreement. 

- The article of the organization is a document that makes a broad definition of your LLCs operational basics. 
- LLC operating agreement describes the structure of your company’s financial and functional decision-making process by detailing the hierarchy of employees, their duties, and roles
 
It is necessary to note that not all states require you to file an LLC operating agreement. Therefore, you should proceed according to your company’s state rules while registering your business. 

##### Obtaining Federal and State Tax IDs

Federal and State tax ID numbers, or Employer Identification Number (EIN), will enable you to pay your required federal and State taxes, open a business bank account and apply for business licenses and permits. On the other hand, it is essential to mention that not all states [have income or employment tax](https://www.irs.com/en/articles/state-income-tax-vs-federal-income-tax) with which LLCs are taxed at the state level. Therefore, you should research the company taxation rules that your company’s State has and proceed with your State Tax ID application accordingly. 

##### Application for Licenses and Permits

Depending on the business sector in which your company operates, you will need to have specific federal & state licenses or permits to conduct your business operations. 

Federal licenses and permits are required if a US federal agency regulates your business activities. See if your [company’s business activities](https://www.sba.gov/business-guide/launch-your-business/apply-licenses-permits) are needed for federal licensing or permits. There are various industries for which state licenses or permits are required. On the other hand, whether you need state licenses or access at all or industry requirements vary by state. It would help if you researched your state’s regulations to learn about your potential licensing or permit requirements.

##### Opening a Business Bank Account
 
Opening a business bank account is the last step before starting your overall business operations. Opening a bank account is crucial as it provides essential business professionalism, legal compliance, and financial advantages such as increased purchase power. There are several standard documents that you should make ready before applying for a bank account: 

- Employers Identification Number 
- Ownership Agreements 
- Business License 
- Business Formation Documents 

Forming LLCs is a long and confusing process that entails various steps with many requirement nuances varying according to states and local governments. All seven steps require exhaustive legal research and meticulous road planning for a smooth, risk-free business formation process. Grape Law has the business expertise and legal foresight to provide you with a formation process and help you initiate your companies with a sound and safe foundation. 

Please do not hesitate to contact and reach us via info@grapelaw.com or by arranging a face-to-face consultation at [calendly](https://calendly.com/grapelaw)!

Forming your company in the US is a vital aspect of doing business with success. As various business structures have unique operational features and tax requirements, choosing the right company type is essential before proceeding with your business formation.

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How to Form LLCs in The United States

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. In this piece, you will find what those requirements are and how you can apply for an E-2 visa. However, we will specifically focus on the question of the minimum amount of investment for an E-2 visa.  
 
In order to be eligible, the applicant must have citizenship from one of the treaty countries. If the applicant is part of a corporate entity, at least half of the business must be owned by individuals of the treaty country's nationality. The application is expected to have a substantial amount of investment. However, the substantial amount in question has not been defined by the law.  

#### "The Substantial Amount" for E-2 Visa 

The minimum amount you need to apply for the E-2 Visa depends on the type of business you are planning to run. Even the state you are planning to locate your business is essential to calculate the minimum amount of investment you need. For example, a lawyer working from home in Nashville would have a completely different start-up cost and capital requirement than an entrepreneur who wants to open a Turkish restaurant in New Jersey. If there is an established business plan similar to your trajectory, you could utilize it to apply your start-up. It would ease your work to evaluate the amount of capital you need for your investment initially.  
 
#### How to Decide on Minumum Amount of Investment 

E-2 Investor Visa is intended to create jobs for US workers. The applicant must develop and run a business. In order to do this, your substantial amount of investment must be enough to conduct a successful business. As we explained, although the specific amount of this capital is not cleared, the applicant has to be carefully crafted her/his investment based on the business plan she/he has. The applicant should be able to cover the salary of employees, rent of the workplace, payment of the necessary equipment, the livelihood of dependants, etc. While applying for the visa, the investor should consider all these expenditures to obtain the right amount of capital for his/her investment. 
 
For more of your questions, you can visit our previous piece on the [E-2 Visa application process](https://www.grapelaw.com/practice-areas/immigration-law/investor-and-start-up-visas/e-2-visa/).

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. 

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What is the Minimum Amount for E-2 Investor Visa? 

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to **premium processing**.

Ms. Oztabak is an expert in implementing media/digital marketing strategies and creating products with new technologies. She has led digital marketing teams of prominent companies, including AXA Insurance and DenizBank. While increasing their brand awareness, Ms. Oztabak also helped them win internationally prestigious awards in the marketing field. 

Ms. Oztabak is also the CEO and Co-founder of the award-winning app  **Deliveri**, which is used to compare the grocery prices from various online shopping platforms for the best deals.  **O-1A visa** is for individuals who have an employment offer in the U.S. and extraordinary ability in the sciences, arts, education, business, or athletics. The individual must provide sufficient documentation to prove that he/she is one of the small percentages who has arisen to the very top of the field. To demonstrate that he/she has sustained national or international acclaim in the field of their expertise, the individual either proves that he/she is a recipient of an internationally major award such as a Nobel prize or Olympic medal or the individual shows that he/she meets at least three of six regulatory criteria to establish his/her extraordinary ability.  

**At Grape Law**, our team of Attorneys and Case Specialists offer comprehensive and proactive legal services for various business immigration applications such as O-1, H-1B, E-2, E-1, and L-1 visa applications. 
We are happy to be a part of Ms. Oztabak’s success story in the U.S., and we wish her more to come! We believe in the strength of your dreams and in the professionalism of our service. We care, we work, and we get better, together!

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to premium processing.


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O-1 Visa Approval for Marketing Expert Cigdem Oztabak

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. Now USCIS has prepared well-rounded guidance for when expedited processing may be warranted for benefit requests. 

Furthermore, agency officers will have to issue RFEs and NOIDs instead of directly denying certain benefit requests. And the one-year validity period for initial and renewal EADs is extended to two years for certain noncitizen adjustment-of-status applicants. The new validity period is designed to ease the burden of EADS applications on USCIS and allocate more time and resources for other urgent immigration areas.

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding the expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. 

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USCIS Revises Policies of Expedited Processing

U.S. Citizenship and Immigration Services (USCIS) has made an important revision on the policy that required individuals who applied for a change of status to F-1 students to apply to change or extend their current nonimmigrant status.

With this change, individuals applying for a change to F-1 student will be granted an F-1 status effective immediately following the approval of an applicant’s Form I-539 (Application to Extend/Change Nonimmigrant Status). This will save both USCIS and applicants time, effort, and money which was spent on multiple applications to change or extend their nonimmigrant status.

Previously, USCIS required applicants to maintain a nonimmigrant status up to 30 days before their student programs’ start date to avoid gaps in the status. Now, change to F-1 student **will be possible to grant before the 30 days period begins, enabling students to avoid the same gaps without applications to change or extend their current nonimmigrant status.**

**However**, USCIS expects applicants who are transitioned to F-1 students before the beginning of 30 days period to not violate their F-1 status by indulging in any employment, including on-campus opportunities.

U.S. Citizenship and Immigration Services (USCIS) revised the policy that required individuals who applied for change of status to F-1 students to apply to change or extend their current nonimmigrant status.

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F-1 Student No Longer Need to Submit Subsequent Applications to "Bridge the Gap"

As you might recall, The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) introduced a new **Application for Prevailing Wage Determination Form, ETA 9141**, to be submitted to the DOL for determining prevailing wages back in April 2021. The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.

The results of requests filed using the new form were expected to be declared in OFLC’s **average processing time of 145 days**. This means that the results are due soon, and you should be watching closely OFLC’s updates regarding this issue. Because Prevailing Wage Determination results are expected soon, we believe that giving a recap on the new Form and the process that follows might be beneficial for persons of interest. 

With the new form ETA 9141, OFLC devised a more detailed and comprehensive roadmap for the determination of prevailing wages by its Certifying Officers (CO). The primary procedural changes revised the way an employer provides primary and alternative requirements for a job position on ETA 9141, and how OFLC evaluates and determines the prevailing wage accordingly to provided requirements. 

Previously, OFLC determined the prevailing wage solely based on the primary requirements provided by the employer. With the New Form ETA 9141, OFLC now reviews both the primary and alternate requirements and determines two separate prevailing wages for each set of requirements. Furthermore, the higher of the two prevailing wages is made mandatory for employers to use on Labor Condition Applications (LCAs) and Program Electric Review Management (PERM) applications. 

This change implemented by Form ETA 9141 is of great importance since it might entail significant prevailing wage increases. For instance, for the job position Software Developers, Applications in Seattle, Washington, the prevailing wage determined with the new ETA 9141 produced more than a $20.000 increase per year on the prevailing wage determined with the old ETA 9141 Form (**From $140,920 per year to $162,510 per year**). 

Lastly, the new procedural change also applies to LCAs with which the employer determines its own prevailing wage according to the Occupational Employment Statistics (OES). Prevailing wages determined via OES are also subjected to this change.

The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.


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The New Prevailing Wage Determination Results with the new Form ETA 9141 Are Expected Soon

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. **The LIKE Act**, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

In a speech addressing the congress Congresswoman Lofgren said:

“For the world’s best and brightest innovators seeking a home for their companies, America used to be the top destination. Sadly, that has changed. Today, the technology sector in Canada is growing at a faster pace than it is in America, and it is almost entirely because of restrictive U.S. immigration policies that do not benefit our economic interests. Congress can change that. We can make the United States more prosperous by passing bills like the LIKE Act that stimulate the economy, curb brain drain, create jobs for American workers, and restore our country’s standing as the number one choice for the next generation of entrepreneurs worldwide.”

Start-up companies were shown to contribute significantly to the U.S. economy and provide employment for millions of American citizens every year. Compared to mature companies, **start-ups reach employment numbers four times higher than mature companies (11 years old or older)**, and they are the sole source for new employment in the U.S. over the last couple of decades.

**The new proposed start-up nonimmigrant visa**, **“W”**, aspires to foster the transfer of creative and innovative brains from other countries with ease and upgrade the outdated U.S. immigration policies that block the country’s economic growth and technological progress.

To qualify for the planned three-year W visa, an applicant must:

- Possess an ownership interest in a start-up venture that has sufficient investments or received government grants & awards.
- Be in an essential and ongoing position in the management or operations of the venture.
- Have the necessary know-how to considerably contribute to the growth and success of the venture.

If confirmed, the W visa **will be extended after the initial three-year period**. The Bill proposes up to five years of extension for prospect visa holders. And for this, the prospect visa-holders must meet certain growth-related benchmarks, such as job creation and revenue generation.

The Start-Up Bill states that if a start-up venture meets certain additional benchmarks that demonstrate the founder has proven series of business development successes, then **he or she will be considered for green card status if they apply**. The LIKE Act also allows start-up initiatives to petition for workers in executive or managerial positions as well as their close relatives (spouse and children) to receive nonimmigrant visas.

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. The LIKE Act, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

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The New Start-Up Visa Bill Introduced In the Congress Envisages Bolstering the US Economy

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future. 

**Step 1:**

You must make sure that you are applying for the right protection. There are numerous intellectual property protection applications such as patents, copyrights, and domain names. Trademark application protects your brand name and logos that you utilize on your goods and services. Thus, you should be applying for trademark registration only if you want your brand name and logo to be protected and your goods and services to be associated with them. 

**Step 2:**

If you are applying for trademark protection, you are then expected to create your own unique mark. Uniqueness is essential here. This is because marks often get confused with other brands’ marks. Mark confusions may also lead to legal protection hardships and may be considered non-registrable by the USPTO. While creating your mark, you should also take into account your area of goods and services. You need to make sure that your offered goods and services are not in the same category with brands whose marks may be taken as yours. For further information on creating your mark, please refer to [this video](https://www.uspto.gov/learning-and-resources/uspto-videos/basic-facts-selecting-mark) by USPTO. 

**Step 3:**

You are now good to prepare and submit your application via USPTO.gov website. Steps are as follows: 

- Set up your USPTO.gov account to reach your Trademark Electronic Application System (TEAS). To set up your account, please follow this link.
- File your online application. You will be asked to pay a non-refundable processing fee. 
- Regularly check (at least every six months) your application status via Trademark Status and Document Retrieval (TSDR) system. This is especially important as it will warn you of upcoming filing deadlines. 
- Maintain and -if necessary- update a valid mail and email address. 

**Step 4:**

After you submit your application, USPTO’s primary evaluation will determine whether you met the filing requirements or not. If you did so, an application serial number will be assigned on your name and your file will be forwarded to an examining attorney. The examination duration varies but it will likely take several months. 

**Step 5:**

If the examining attorney approves your registration, your mark will be allotted for publication in the weekly “Official Gazette” of the USPTO. You will be notified regarding the date of publication. After the publication, there will be an interval amounting to a month. During this time, any brand that might be damaged by your registration can file an opposition to the process or ask for an extension for the opposition. 

In the case of no opposition, your application will move on to the next step. This usually takes three to four months. 

##### Certificate of Registration:
USPTO will register your mark and send you a registration certification. You are required to file maintenance documents for your registration to remain valid after the registration. 

##### Notice of Allowance:
This is a notification document by USPTO. It is sent approximately eight weeks after your mark is published in the “Official Gazette.” It declares that your mark is free of any opposition. Notice of Allowance is only delivered to applicants who used Section 1 Filing Basis during their applications (US residents). 

After a Notice of Allowance issued, you have six months to either, 

- Use the mark in commerce and submit a statement of use (SOU), or 
- Ask for a six-month extension to prepare your SOU for later filing. 
To learn more about SOUs and extension request processes, please refer to this link. 

If you fail to file your SOU in time, your application will be discarded until you write a petition to restart your application. Please watch this video to learn more about the petition process. 

##### Reviewing of SOU by USPTO:

After you submit your SOU, an examining attorney reviews your SOU for approval. 

- If there are no refusals and additional requirements asked, your SOU will pass the attorney’s review. 
- In the case of refusals and additional requirements, you will be issued another letter of office action by the examining attorney. The following process is identical to the one described in Step 4. 

If all the issues are eventually resolved, USPTO will issue your registration within two months. 

Trademark protection is essential for businesses to operate as it provides companies with a consistent brand identity. And brand identity is what designates businesses as distinct entities. Henceforth, having protected and unified trademarks is a must for every company that aspires to function harmoniously. 

**Grape Law PLLC understands the importance of trademark protection and promises its clients the all-around safety of their brands.**

Trademark law is a legal tool that provides businesses the essential brand identity protection. It is vital for businesses to be established entities and be associated with the goods and services they produce. Here in this writing, you will be reading step by step as to how you can obtain the trademark registration from United States Patent and Trademark Office (USPTO) that will secure your business operations in the future.  

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How to Get Your Trademark Registration?

Studying in the U.S. is an amazing opportunity for students from all over the world. With many renowned institutions that lead the world in higher education, U.S. offers various prospective academics or sector professionals the necessary background to advance in their journeys to achieve career goals. On the other hand, before anything you need to prepare to start studying, you must obtain a student visa to begin building your future in the U.S. And first, you should know what exactly a student visa is, which type of student visa you should apply, and how to apply it. Being able to answer these questions will be essential for you to have the correct student visa. 

### What is a Student Visa?

The student visa is a type of nonimmigrant visa issued to prospective students aiming to come and study in the U.S. The length of your visa depends on the time needed to complete your student program, course of study, or work assignment. There are three student visas that you can apply for depending on your course of study and the type of institution that you aspire to study at. Three student visas are F, M, and J, and we will explore each visa in-depth below. 

#### What is F1 Visa?

F1 visa is the most common nonimmigrant student visa issued to thousands of students and researchers each year. It is specifically for academic purposes. There is no cap on F1 visa issuance, making it available for everyone who is qualified. Furthermore, an F1 visa requires your proposed study program to eventually awards you a degree, diploma, or certificate. And do not worry, an F1 visa is valid as long as your study in the U.S. continues, and you can ask for an extension if necessary for your work. 

##### Who Can Apply for F1 Visa? Which Institutions You Can Apply to?

If you are accepted into an accredited U.S school and will study as a full-time student, you are good to apply! You may apply to colleges, universities, conservatories, seminaries, language training institutions, high schools, and elementary schools. 

However, public elementary schools and adult educational programs (such as foreign language classes) are not among the schools you can apply to get your F-1 visa. Public high schools are not affected by this rule. However, an F-1 visa for high school candidates can be valid for up to 12 months, and it is required that you show proof of your payment made for a whole educational year. If you are applying for a private elementary or high school, you should not worry about these nuances at all! 

#### What is M1 Visa?

M1 visa is a specific student visa for pupils seeking vocational studies in the U.S. This is different from the F1 visa in that it is designed for ‘non-academic’ studies. Your visa is valid for up to a year, but it can be extended to 3 years depending on your course of study. 

##### Who Can Apply for M1 Visa? Which Institutions You Can Apply to?

If you are fluent in English, have funds that can afford your stay, and reside outside of the US, you are qualified to apply! Institutions to which you can apply are many and include schools like business, flight, cooking, cosmetology, and various others that offer different vocational training. Language training programs are not included in schools viable to apply. And to be eligible for an M1 visa, the school or schools you plan to apply to must be recognized by the Student and Exchange Visitor Program (SEVP).

#### What is J1 Visa?

J1 visa is a nonimmigrant, exchange-based visa issued to people who seek to teach, lecture, study, conduct research, receive training, etc. to create a mutually beneficial relationship between the U.S. and other countries. There are various public and private entities that the U.S. acknowledges as sponsors. These sponsors, like Fulbright Commission, facilitate the exchange of persons, knowledge, and skills in fields like arts & science, and education with the U.S. Sponsors also act as your visa sponsors and manage your visa issuance process. 

##### Who Can Apply for J1 Visa? Which Institutions You Can Apply to?

There are many individual categories under which many people can apply for a J1 visa. As J1 aspires for the growth of the international relationship between the U.S. and other countries, most categories do concern education. Some acknowledged categories are as follows: 

- Students
- Teachers
- Professors or scholars 
- Research assistants 
- Trainees
- Specialists 
- Au Pairs
- Camp counselors

A student visa might be the beginning of your journey that will last a lifelong. It is for idealist, adventurous, and ambitious people that look for growth, progress, and achievement. Fortunately, student visas are limitless. 
 
Whether it be F1, M1, or J1, every year thousands of students, researchers, scholars and so many other people from different professions are issued a student visa. **We believe that if you are qualified to apply and passionate enough to come to the U.S. and make a difference, you will be awarded your desired student visa!**

As studying in the U.S. is a dream come true for so many people around the world, it is difficult to find out which type of visa you should apply for your studies. In this piece, we will explain F1, M1, and J1 student visas. 

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Student Visa Options in the US: F1, M1, J1

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.** 

##### Application Process:

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers. 

##### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

##### Prevailing Wage Determination (PWD) from the Department of Labor (DOL): 

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

##### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL. 

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices 
- Local and ethnic newspapers 
- Radio and television advertisements 
 
##### Filing Labor Certification with the DOL’s ETA: 


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website. 

##### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

##### Possible DOL Audit or Denial:
 
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead. 

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process. 

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**.

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

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What is PERM Application? How to Apply?

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. **Here in this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future**. 

#### Sole Proprietorship:
 
As the name suggests, Sole Proprietorships or DBA’s (Doing Business As) refers to a business structure in which you are the sole owner of your company. This means that your company is you, which makes you the only person liable for the business entity at hand. Furthermore, you are being personally liable for your company subjects you to pass-through taxation with which your business income or loss is added to your tax returns. And this merger of person and corporation appoints you as the guarantee for potential company debt that consequentially may jeopardize your possessions and savings in a likely lawsuit. 

#### Partnership/ General Partnership:

Partnership business structure is almost identical to Sole Proprietorship with one, but major difference. With this corporate type, multiple owners invest in the business either through money, property, labor, or skill. People taking part in a certain partnership have distributed the profits and losses of the company in accordance with their shares of the business. 

Moreover, partnerships are bound to file an annual report detailing their income, gains, deductions, losses, etc., resulting from their operations. However, this does not require partnerships to pay income taxes as business entities. Like Sole Proprietorship, they are subjected to pass-through taxation that mandates not the company, but shareholders to report their income-gained or loss-given (calculated accordingly to their shares on the partnership) on separate, individual tax returns. 

#### C Corporation:
 
As the oldest business structure in the US, C or Regular Corporation – unlike Sole Proprietorships- is defined as a separate company entity that shields shareholders from the personal liability of business operations. This protection is since C Corporations are not to be owned as business organizations, but as ‘stocks’ that are bought and sold in-between numerous investors. 

The distinction between companies and shareholders, on the other hand, results in a double tax that obliges C Corporations and their shareholders to be taxed separately. Firstly, profits gained from business operations are taxed to corporate, followed by the taxation of shareholders through distributed dividends, derived from the profit. However, additional tax cost dictated to C Corporations is avoidable via another business structure, called S Corporation, that spurs many investors to change their company types from C to S. 

#### S Corporation:


Preferable for most starter small companies, S corporation, like Sole Proprietorship and Partnership, allows businesses to pass through the profit directly to shareholders. This enables corporations to avoid double taxation, thus reducing the additional cost of company income tax. However, the formation of S Corporations is comparatively tight regulated as it outlines various rules such as, 

- Your corporation must be a domestic one. 
- Partnerships, corporations, and non-resident shareholders are not allowed. 
- You cannot have more than 100 shareholders. 
- Stocks owned by shareholders can only be one type. 
- Financial organizations, i.e., banks, insurance companies, and domestic international sales corporations are considered ineligible. 

#### Limited Liability Corporation (LLC):


As being the newest amongst the 5 most common business structures, LLC offers flexibility and more space for businesses to operate. Bringing together the personal liability exception of a company (C or S) with pass-through taxation, LLC protects you from indulging in potential business debts as well as spending the added cost of double tax. 

Furthermore, there are far fewer restrictions about ownership, allowing single or multiple members (LLC owners are called members, not sole owners, or shareholders) ranging from corporations to other LLCs, and foreign nationals to institutions to own businesses. Several exceptions for ownership include business types such as banks and insurance companies. 

Lastly, IRS will categorize your LLC as a corporation, partnership, or as a disregarded entity (meaning an entity that is not separated from its owner, i.e., Sole Proprietorships) depending on the number of your members and on elections made by the LLC, providing you with the opportunity of multiple business structures as you complete the way your tax returns are declared. 

**For further, state-specific regulations on business structures and taxation, follow this [link](https://www.irs.gov/businesses/small-businesses-self-employed/state-government-websites). And please regularly visit our blog for more comprehensive writings on business structures of which the next will be on LLCs.**

Starting your business in the USA is a legal matter that contains various questions that need clarification. Depending on the size of your business (starter or established) and your personal preferences regarding tax returns (pass-through or double taxation) or how you want your company to be managed dictates manifold ways of structuring your economic venture. In this introductory writing, you will be reading the 5 most common business structures as stated on Internal Revenue Service’s (IRS) website, and hopefully have an idea as to how you might want to move on with your business formations in the future.  

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Starting Your Business in the US

Green Card is the document granting you the right to live and work in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of the Green Card application along with many useful links directing you to the right sources! 

#### Application Eligibility:

Firstly, you need to learn whether you are eligible for the application or not. For this, you can check various immigration categories. To reach Green Card eligibility categories, please see this list. 

##### Find Your Application Sponsor:

The majority of applicants will need **lawful residents of the US (sponsor)** for their immigration petitions. **An immigration petition** is a must in most cases and has many forms. You can reach the most common forms using [this link](https://www.uscis.gov/green-card/how-to-apply-for-a-green-card): 

There is some exception to the petition requirement. Please carefully read your eligible category details to learn more on this issue. 

##### Select Your Application Process:

If you are eligible for an application, then you can proceed to select which application process you will be using. There are two application processes. One is “**Adjustment of Status**”, and the other is “**Consular Processing**”. 

*You proceed with “Adjustment of Status” if*

- You are currently in the U.S. and want to switch your status to lawful and permanent resident. 

*You proceed with “Consular Processing” if* 

- You are currently abroad and want to become a Green Card holder. 

For details of each specific application process, please follow the links below to learn more: 

- [Adjustment of Status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) 
- [Consular Processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing) 

##### Common Steps to Follow for Your Application:

Adjustment of Status and Consular Processing share some of the procedures required when applying for a Green Card: 

- Immigration petition is a must (with some exceptions, which I mentioned above). 
- Filing your application document. 
- If you are proceeding with Adjustment of Status, you file your application by filling the document I-485. For posting, you can find this link useful. 
- If you apply through Consular Processing, you should file an immigration application visa at the U.S. consulate of your place of residence.
- Go to your interview appointment (This is only required for Consular Processing. However, Adjustment of Status applicants might as well be called for an interview). 
- Submission of the decision of your application. You will be sent either a Green Card or a visa packet. This depends on your application process. Application processes links do have the necessary further information. 

The Green Card lottery is the most common way into your U.S. citizenship. Millions of people from all around the world try their chance at obtaining this visa. Therefore, Green Card popularity poses many legal questions that need answering. As a dynamic, up-to-date immigration law firm, we know the potential legal challenges and hardships that accompany your application. In that regard, we offer you meticulous and enlightening legal services that will ease your burden as well as your stress. We believe in the promise of our motto, and we care, we work, and we get better, together.

Green Card is the document granting you the rights of living and working in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of Green Card application along with many useful links directing you to right sources! 

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What is a Green Card and How to Apply for It?

Establishing a start-up initiative in the U.S. or expanding financial ventures there is a common business practice among investors and innovators. The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. The U.S. economy also benefits from the influx of these ideas and capital, and therefore the U.S. provides investors and innovators with various temporary and permanent visas to come to America and be part of the financial success of the country. 

Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

#### Temporary Visas for Start-up Investors:

- O-1A 
- E-1 
- E-2 
- L-1A and L-1B
- International Entrepreneur Parole 

##### O-1A Extraordinary Abilities Visa:

O-1 visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields such as sciences, education, business, or athletics. To be eligible for O-1A, you must be a person of either nationally or internationally acclaimed ability in science, education, business, or athletics. Internationally recognized awards such as Nobel, Pulitzer, Tony, etc. can be presented as proof of your ability. If you do not have such an award, you can still be eligible for O-1A given that you meet at least 3 of the criteria set by USCIS. To learn more about the visa, please read our O-1A writing. 

##### E-1 Treaty Trader Visa:
 
E-1, or Treaty Trader visa is a type of non-immigrant employment visa available to nationals whose countries hold a trade treaty with the United States. Businesspersons who seek to engage in substantial trade or participate in an enterprise that engages in trade with the U.S. can choose to apply for an E-1 visa. You also need to continue to conduct trade mainly between the U.S. and your home country and produce significantly more income than only afford you and your family. To learn more about the visa, please read our E-1 writing. 

##### E-2 Treaty Investor Visa:
 
E-2 is another type of nonimmigrant employment visa offered to treaty countries’ nationals who invest individually, or treaty countries’ nationals who are part of investing companies and partnerships. Eligible applicants can be owners, directors, or skilled executive workers. E-2 visa eligibility requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. If the applicant applies for E-2 with a corporate entity, s/he must own at least half of the business. To learn more about the visa, please read our detailed E-2 writing. 

##### L-1A Visa:
 
L-1A, which is a sub-category of L-1 visa, is a type of nonimmigrant employment visa that allows either a U.S. employer to employ an executive or manager from one of its foreign offices, or a foreign company to send an executive or manager to start business operations in the U.S. L-1A Visa is particularly preferable by many start-up investors seeking to expand to the United States. To be eligible for L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. Furthermore, if you are an individual who is coming to the U.S. to establish a U.S. branch, your one-year employment within the last 3 years must be in either executive or managerial position. To learn more about the visa, please read our L-1A writing. 

##### L-1B Intracompany Transferee Specialized Knowledge Visa:

L-1B is another nonimmigrant employment visa which is the second and last sub-category of L-1. It is issued to specialized knowledge individuals sponsored by U.S. employers to be transferred from companies’ foreign offices to the U.S. offices to live and work in the United States. L-1B Visa also allows a foreign company to transfer one of its specialized knowledge employees to the U.S. to establish a U.S. branch of the company. To be eligible for L-1B, same as L-1A, you must be employed by a qualifying investing corporate entity for at least one full year within the last 3 years. 

##### International Entrepreneur Parole:
 
International Entrepreneur Parole (IEP), or International Entrepreneur Rule (IER), is a special immigration program designed for start-up individuals. It differs from the above-listed visas in that it is available ‘only’ to start-up founders and investors, and therefore can be considered the closest thing to a start-up visa. On the other hand; IEP is not a visa per se, but a unique “permission of stay” or “parole” to conduct and grow start-up businesses. To be eligible for IEP, your business venture must produce a significant public benefit and you must “**merit a favorable exercise of discretion**”

##### What Grape Law Offers?

The U.S. is the “go-to” destination for many start-up investors and founders who are in pursuit of business growth and success. As the center of world capital, investment, innovation, and new technology production, The U.S. offers the best financial environment and networking hubs for start-up enthusiasts to achieve their bold and ambitious career goals. Furthermore, as we explained, the U.S. makes it easy for aspiring start-up individuals to emigrate to the country with a diverse set of visa and parole options. 

In that regard, as a group of cutting-edge attorneys who are investors and innovators, we have the first-hand start-up experience, success insights, and legal expertise to help your venture to become “American” as well as an influencing and long-lasting brand. To begin to actualize your dreams with us, you can always [schedule a meeting here](https://calendly.com/grapelaw)! 

**Stay tuned for the second leg of this writing series which will cover the permanent visa options for start-up investors and innovators!**

The U.S. attracts capital and creative ideas as it contains various tech-based, cutting-edge, and forward-thinking start-up hubs that allow rather quick access to investment, business networks, and sustainable growth. Here in the first leg of this writing series, we will list the temporary convenient visa options for start-ups and give a brief introduction for each visa! 

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Temporary Visa Options for Start-Up Investors and Founders in the US

Employment in the U.S. is a very fundamental subject in immigration law. Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. Here in this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today. 

#### What is H1-B Visa?

H-1B visa, or Person in Specialty Occupation visa, is a nonimmigrant visa for professionals who seek specialty jobs in the US. H1-B visa requires visa applicants that have a higher education degree or its equivalent. This entails bachelor’s or higher degrees such as MA’s or Ph.D. You can apply for H1-B visa coming from numerable professional work fields including but not limited to IT, architecture, law, finance, and medicine. 

#### H1-B Visa Eligibility:


H1-B visas are issued to non-U.S. citizen applicants if and only there are no citizen candidates for the job position you apply for. Therefore, your employer must prove that your employment cannot be compensated by a U.S. citizen. Moreover, applicants have to have a valid employer and a job offer. Your employer will also act as your sponsor for your H1-B visa application. Lastly, as the H1-B visa is a specialty visa, you are required to present proof of your bachelor’s or its equivalent degree. 

#### H1-B Visa Cap:

H1-B visa is unfortunately subjected to a quota. The current number per fiscal year is 65.000. However, if you are a master’s or higher degree graduate of a U.S. institution, there is an extra 20.000 quota for you. And if your sponsor is a higher education institution, a nonprofit organization working under a higher education institution, or a government research initiative, you should not worry about the limited quota at all! 

If you were previously issued an H1-B visa and did not exceed the six-year limit on it, you are exempt from the quota when reapplying for H1-B visa extension. This is also valid for applicants who left the U.S. and currently work outside but still within the six years of H1-B visa validity. And if you like to change your employer while you are in the initial 3 years duration of your H1-B visa, you can do so without being subjected to a visa cap! 

#### H1-B Application Process:

To start with your application, you first need to register with the H1-B lottery. H1-B lottery registration process usually starts at the beginning of March and continues until the third week of the month. To participate in the H1-B lottery, you need to create an applicant account on myUSCIS website. The lottery results are generally declared in a week. If you are selected from the lottery, the application proceeds with your employer’s submission of the Labor Condition Application (LCA) to the Department of Labor (DOL). This is a precautionary step mandated by DOL to make sure that your employer will pay you and the other equally qualified workers the same wage. If LCA is approved by DOL, your employer will file the Form I-129 petition along with LCA to U.S. Citizenship and Immigration Services (USCIS). 

Once your I-129 form is approved, you can start your online application. The online application requires you to fill in the Form DS-160. Following this, you need to schedule an interview with a U.S. embassy or consulate in your area. And there are several documents you must make ready before 

- **Your Passport**
- **A printout of your DS-160’s confirmation page**
- **Application fee payment receipt**
- **A photo of yourself**
 
 This is required if you have failed to upload your photo during the online application.

- **Receipt number**


This can be found either on your **Petition for a Nonimmigrant Worker (Form I-129)** or on **Notice of Action (Form I-797)**. Both forms will be available on your application portal on USCIS’s website. 

#### H1-B Visa Duration and Extension:

H1-B visa duration varies from applicant to applicant. However, you can be issued a visa valid for up to three years. And your period of stay may be extended to a maximum of three years. But there are some exceptions to this rule. For further information please see this page. 

H1-B visa is a perfect option for people who have specialty jobs outside and want to transfer their abilities to the U.S. But you should not be discouraged if you believe that you are the right candidate for H1-B visa and continue working towards your end goal! 

**We provide exceptional service for clients wishing to obtain their H1-B visa with our unique understanding of both you and the job sector you aspire to work in the U.S. For any inquires relating to application preparation, application process, and visa issuance, please do not hesitate to contact us!**

Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. In this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today.  

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H-1B Nonimmigrant Worker Visa for Professionals

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between the U.S. and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

##### What Exactly Is E-2 Visa?
 
Simply put, E-2 visa relates to the latter part of Treaty Trader & Investor Visas. It is offered to investing companies, partnerships and individuals who are either owners, directors and extraordinarily skilled workers. It requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. Even though the selection process is meticulously regulated and may be tedious for applicants at times, overwhelming majority of applications get accepted! 

##### What About the Requirements for Application?
 
- First and foremost, whether you are a corporate entity, partnership, or individual, you have to be a national of one of the treaty countries. (Dual nationalities accepted). To find out whether your country is on the treaty list or not, please follow this link. 
- If you do not hold nationality from one of the treaty countries, you can still apply for an E-2 visa via the citizenship-through-investment program which requires you to invest as little as 200.000 $. 
- If the applicant is a corporate entity, at least half of the business must be owned by individuals of the treaty country’s nationality. 
- The capital spared for investment must be substantial to ensure the sustainability of the business. Therefore, any investment funds and assets must be fully committed and irrevocable. 
- The investment at hand has to be active, operating one. A concept entity and abstract paper enterprise would not be viable for consideration. Funds that are risk-free and regulated by security measures of a certain bank are not considered investments. 
- our investment is required to produce significantly more income than the one which would solely afford you and your family’s living, or it must greatly benefit the US economy. 
- You are expected to have full control over your investment funds. Loans cannot be secured with assets of your investment enterprise. 
- Only the people who are either the developer or the director of the enterprise can apply for the E-2 visa. Exceptions would be possible in the case of an applicant deemed to be essential work for the investment with executive and supervisory roles, or with exceptional abilities. 

##### Immediate Family Eligibility for Application:
 
Only your spouse (same-sex marriages included if your home country authorizes one) and unmarried children under the age of 21 can apply to accompany you, or reside with you temporarily. 

##### Duration of Your Stay:

The duration of your stay as well as the number of entries vary by treaty country and it ranges from 3 months to 5 years. To learn more about these details please refer to the US embassy of your home country. You can search for official US embassies through [this link.](https://www.usembassy.gov) 

##### How to Apply:

The processes of application vary by treaty country. Please refer to the U.S. embassy of your home country to have the clearest instructions as to how to apply for an E-2 visa. You can use this link again, to reach your U.S. embassy. However, there are commonly required steps which details you can find below: 

- Firstly, you must fill out the online application form, form DS-160, and print out the document before coming to your interview. 
- You are required to upload your photo while filling out your DS-160 application form which details you can find here. 
- After filling out your online application form, you are expected to schedule an interview. Applicants under the age of 13 and above the age of 80 are not usually required for an interview. However, there may be some exceptions to this with regard to the discretion of your consular officer. 

Wait time for the interview varies by treaty country as well. You can search for your home country’s interview wait time using this link. Furthermore, you may be required to pay an online application fee, depending on the treaty country you apply from. To learn more about it, you can refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors). 

##### Preparing for Your Interview: What You Must Make Ready?

- **A valid passport** for travel to the US. It must be valid for at least six months beyond your stay in the U.S. 
- Your **DS-160 online application confirmation page**. 
- **Application fee payment receipt**, if it is required for your treaty country to pay an application fee. 
- If the upload of your photo fails during your filling out the DS-160 application form, you must bring **a print of your photo in the same format as your online upload**. 
- **DS-156E, Nonimmigrant Treaty Trader/Treaty Investor application form.** This is required for applicants for executive, manager, and essential employee positions. 

Additional documents may be required depending on your treaty country. For more information about this, please refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors) again. 

##### Additional Information:

- If you are awarded a visa, you may be required to pay a visa issuance fee depending on your treaty country. The processing time of your visa may vary. To learn more about visa processing and when your visa might be delivered to you, please use [this link](https://tr.usembassy.gov/visas/immigrant-visas/employment-based-immigration/after-the-interview/). 
- You may apply for an extension for your visa beyond the date indicated on your I-94 form. This form is provided to you by U.S. Customs and Border Protection (CBS) officials upon your entry to the US. Read more about extending your stay on the U.S. Citizenship and Immigration Services [website](https://www.uscis.gov/visit-the-united-states/extend-your-stay). 
- While in the U.S., you can request a change in your nonimmigrant status to switch to another category. Learn more about requesting a change of status on the Citizenship and Immigration Services (USCIS) [website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status).

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between US’s and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

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Treaty Trader & Investor Visas: E-2

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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