Asked in Business Formation, Business Law and Immigration Law for Wyoming

Q: Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad?

Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad? To be clear, I am considering opening an LLC in Wyoming from abroad (Poland) as a non-resident. When I do it, I will provide bookkeeping services for US-based businesses (small and medium firms). I will not be present in the US at any time but keep working full-time as an independent contractor (LLC) for these firms. Can I legally do it without a VISA?

I want to be sure I can do the work for US firms remotely from another country owning an LLC without a need to have a visa or work permit. I will not be visiting the US personally.

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

A: As a non-resident owner of a U.S. LLC operating from abroad, you generally do not need a visa or work permit to provide services remotely to U.S. clients. However, there are several important considerations:

1. Taxation: As an LLC owner, you will be subject to U.S. tax obligations on your U.S.-sourced income. You may need to obtain an Individual Taxpayer Identification Number (ITIN) from the IRS to file tax returns and pay taxes.

2. Compliance with local laws: Ensure that operating a U.S. LLC and providing services to U.S. clients is permitted under Polish law. You may need to report your foreign income and comply with local tax and business regulations.

3. Contracts and agreements: Clearly state in your contracts and agreements with U.S. clients that you are providing services as an independent contractor through your LLC and that you will not be physically present in the U.S.

4. Payments: Consider the most efficient and cost-effective methods for receiving payments from your U.S. clients, such as wire transfers or online payment platforms.

5. Seek professional advice: Consult with a qualified U.S. business attorney and tax professional experienced in international business matters to ensure that you structure your LLC and operations in compliance with U.S. laws and regulations.

While you generally do not need a visa or work permit to provide remote services through your U.S. LLC, it is essential to comply with all applicable laws and regulations in both the U.S. and Poland.

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