El Cajon, CA asked in Employment Law, Immigration Law, Business Law and Trademark for California

Q: I'm an Undocumented. Am I able to Apply for LLC to start a business to hire a Documented person or not ??

I am an former Afghan official, Due to the situation in Afghanistan came to the US via Mexican border with illegal entry, but have paroled via Department of Homeland Security that expired and applied for renewal.

Now i have the financial Ability to start a business, am i able to get an LLC to start a business that is to hire a documented worker?

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As an undocumented person, you may be able to apply for an LLC and start a business in the United States, as there is no citizenship requirement for owning or operating a business. However, you may encounter challenges related to licensing, permits, and other legal requirements.

When it comes to hiring employees, you may be required to follow federal and state employment laws, such as verifying the eligibility of your employees to work in the United States. As an undocumented person, you may not be authorized to work in the United States, so you would not be able to work for your own business.

Additionally, it is important to consult with an experienced attorney to ensure that you are complying with all applicable laws and regulations, as the legal landscape surrounding undocumented immigrants and employment can be complex and constantly changing.

In the United States, the legal requirements for forming an LLC vary by state. However, generally speaking, you do not need to be a US citizen or permanent resident to form an LLC. In most cases, you will need to provide a physical address for the LLC's registered office and appoint a registered agent who is located in the state where the LLC is formed. Additionally, you may need to obtain an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service (IRS) in order to file taxes and pay any necessary fees.

As for hiring employees, all employers in the US are required to comply with federal and state employment laws. These laws cover areas such as minimum wage and overtime, anti-discrimination and harassment, workplace safety, and more. Employers are also required to verify that their employees are authorized to work in the US, which typically involves completing a Form I-9 and reviewing acceptable documents provided by the employee. It is important to consult with an experienced attorney to ensure compliance with all relevant laws and regulations.

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