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European Citizen with LLC In USA

by JC, published: 2014-05-08 08:36 viewed: 31 times
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Question from Ken:

I am a European Citizen and our Company just opened up an LLC in USA.

The Company wants to make me President of the LLC in USA (As a start we have 2 US citzens working at the moment).

I will still be living in Europe, but visiting customers and our office 6-10 times per year (I have been 30+ times in USA the last 5 years). Besides being the President of the US LLC, I will still keep my current role as Export manager for the Company (we export Worldwide). I will receive 100% of my salary from our European office.

Do I need a visa to be able to be the "president" of the LLC?

And if I don't am I allowed to sign contracts on behalf of the US LLC, and can I have a business Card from the US LLC?

Answer:

I believe that you don't need a visa for being the "president" of your LLC. Basically, a foreign national can own an interest in a U.S. LLC without being a resident or being a visa holder.

If you are actively working in the business, you do need a work visa. But I think the law is not clear on what means "actively working in the business".

As for signing contracts, my understanding is that it doesn't constitute "employment" in the USA. So I think signing contracts on behalf of the US LLC should be fine, plus you can have a business card from the US LLC.

I am not a lawyer and am just providing some suggestion here. Hope that helps.
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