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Starting a company in the U.S is a strategic move for Vietnamese investors and entrepreneurs who wish to expand their business, access the global market, or take advantage of immigration opportunities through investment programs such as EB-5. This article provides a detailed guide on how to establish a company in the U.S., along with essential information to ensure a smooth business journey.
The United States is one of the largest economies in the world, offering a dynamic business environment and numerous opportunities. Here are the main benefits of setting up a company in the U.S:
There are many benefits to establishing a company in the U.S
Access to a large market: The U.S. has a population of over 340 million and serves as a hub for industries such as technology, finance, and e-commerce.
Business-friendly policies: The U.S. offers a transparent tax system, numerous incentives for small businesses, and programs that support startups.
Immigration opportunities: Certain programs, such as the EB-5 visa, allow investors and their families to obtain a green card by establishing and investing in a business in the U.S.
International credibility: Having a company in the U.S. enhances brand reputation and makes it easier to collaborate with global partners.
When establishing a company in the U.S., you need to choose the type that best aligns with your business goals. Here are the most common types:
Choosing the right business structure is essential when establishing a company in the U.S
Limited Liability Company (LLC):
The most popular choice for foreign investors due to its flexibility and personal asset protection.
Shareholders are not required to be U.S. citizens or permanent residents.
Flexible taxation: Can choose to be taxed as an individual or as a corporation.
C Corporation:
Suitable for businesses seeking to raise significant capital or go public.
Subject to corporate income tax at both federal and state levels.
Partnership:
Designed for businesses with multiple partners contributing capital.
Includes General Partnerships (unlimited liability) and Limited Partnerships (limited liability).
Sole Proprietorship:
Suitable for small individual businesses but does not protect personal assets from legal risks.
Based on reliable sources and U.S. legal regulations, here are the basic steps to set up a company in the United States:
Each state has different regulations and tax rates. Popular states for foreign businesses include Delaware (low taxes, flexible corporate laws), Wyoming (strong asset protection), and California (technology hub).
Delaware is often the top choice because it does not require business owners to reside in the U.S. and has a specialized judicial system for business disputes.
The company name must be unique and not conflict with existing businesses registered in the state. You can check the name on the state’s business registration website (usually the Secretary of State).
For an LLC, the name must end with “LLC” or “Limited Liability Company.” Example: Eagle Asia LLC.
Submit the Articles of Organization (for LLCs) or Articles of Incorporation (for C Corporations) to the state business regulatory agency.
Registration fees range from $50–$500 depending on the state. For example, Delaware charges around $90, while California charges about $100.
The Employer Identification Number (EIN) issued by the U.S. Internal Revenue Service (IRS) is necessary to open a bank account and pay taxes.
Foreign investors can apply for an EIN online or via Form SS-4, even without a Social Security Number (SSN).
A U.S. bank account is required for financial management. Popular banks such as Bank of America, Chase, or Wells Fargo typically support foreign-owned businesses.
You will need to provide the EIN, company registration documents, and personal identification of the owner.
File an annual report and pay the maintenance fee (around $50–$300 per year, depending on the state).
Register for local business licenses if required (e.g., sales permit for retail businesses).
Pay corporate income tax (for C Corporations) or personal income tax (for LLCs).
If you plan to move to the U.S. to manage your company, you may consider the following visa options:
E-2 visa: For investors from countries that have a trade treaty with the U.S. (Note: Vietnam is not currently on this list).
EB-5 visa: Requires an investment of at least $800,000 in a project that creates a minimum of 10 jobs, allowing you and your family to obtain a green card.
L-1 visa: For business owners or managers transferring from a parent company in Vietnam to a U.S. branch.
Registered Agent: Every company in the U.S. must have a registered agent to receive legal documents. Foreign investors can hire a registered agent service, with fees ranging from $100–$300 per year.
Federal and state taxes: An LLC is not subject to corporate income tax if it chooses the “pass-through” taxation option (personal income tax). However, you are required to report any U.S. income to the IRS.
Immigration regulations: Establishing a company does not automatically grant the right to reside in the U.S. You must obtain the appropriate visa if you plan to live and work in the country.
Maintenance costs: In addition to registration fees, consider costs for accounting, tax reporting, and maintaining a registered agent.
You should factor in costs for accounting, tax reporting, and maintaining a registered agent
Are you planning to establish a company in the U.S. to expand your business or pursue immigration? Don’t let complex regulations hold you back! Contact Quốc Tịch Thứ Hai at https://quoctichthuhai.com/ for detailed advice and professional support for U.S. immigration. With our team of experienced experts, we will accompany you on your journey to succeed in the U.S. market!
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