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US Corporation · US Stock Corporation · Corporation · Establish US Company · US Shelf Company · Foreign Firms · US Inc · A · Company Formation in the USA

At this point the US 24 Group LLC would like to give an overview of its activities. We are an international service provider who takes care of the establishment of your own US stock corporation. We take care of everything that you have to consider in order to be able to set up a US company. A US corporation formation includes, for example, the creation of the incorporation proposals, the drafting of the charter and a US bank account. Our support goes far beyond the establishment of your corporation and the creation of By Laws etc. Alternatively, we have some shelf companies that have already been established. All you have to do is buy a US shelf company and you will have your own fully operational US corporation. You can even change the name of the US shelf company.

The partners of the business corporation are usually only liable for the amount they have paid up or up to the amount still outstanding. There are, however, some exceptions developed by case law to this basic rule, which corresponds to the legal situation in German-speaking countries. The most important examples are cases in which the corporation had practically no assets of its own from the outset or was evidently insufficiently equipped with capital and in this way the shareholders passed the entire entrepreneurial risk on to the lenders. In these exceptional cases, case law allows access to the assets of the partners, who are then personally liable for the company's liabilities. This is called the Piercing of the Corporate Feil, i.e. the veil of society that symbolizes the limitation of liability is broken.

The company name of the US Corporation must contain an addition which makes the company form recognizable. In addition to the name US Corporation (Corp.), this can also be the names Incorporated (Inc.), Limited (Ltd.) or Company (Co.). The deed with the Articles of Incorporation must be submitted to the competent authority, the Secretary of State (a kind of commercial register), with a fee being charged. The latter then creates the Certificate of Incorporation, the issue of which is not, however, constitutive for the establishment of the company. This already arises with the so-called filing of the Articles of Incorporation. In one
Following an initial meeting, a founding meeting of the board of directors and the shareholders (shareholders / stockholders), a large number of resolutions have to be passed. This is where the company's first directors and officers are appointed and the By Laws are adopted. The seal, the corporate book (share register) and a sample share certificate must be accepted. Auditors and tax advisors, banks and lawyers are to be determined. The tax registration and the assumption of the formation costs must be regulated. The founders (in this case US 24 Group LLC), who do not take on any other functions in the company, step down from their offices. Minutes of the Initial Meeting must be drawn up for the meeting. This entire formation process is of course prepared by us as part of the preparation for your company formation in the USA, so that you only have to provide the necessary signatures. This is what we mean by real start-up service.
Unfortunately, we have to find out again and again that other providers do not offer these services and probably do not take them for granted.

Even if we generally offer the establishment of an entire business corporation or an LLC in the US state of Florida, for the sake of completeness we also want to refer to the special provisions of the so-called Closely Held Corporation, i.e. a corporation that is in the hands of a few fewer shareholders. The requirements for a corporation to qualify as a Closely Held Corporation vary from state to state. In general, the number of shareholders must not exceed a certain maximum, although the limit values ​​are different. The advantage of a Closely Held Corporation is simplified administrative regulations that allow shareholders to run the company themselves without having to appoint a board of directors.

In terms of taxation, a distinction is made in the USA between so-called C Corporations, which represent the basic form described, and S-Corporations, in which, unlike C Corporations, the profit is not taxed at the company level, but directly as the income of the shareholders. The S Corporation is
therefore more tax favorable than the C Corporation. In order to be classified as an S Corporation, the shareholders must submit an appropriate application. In addition, it must be a company incorporated under the law of a US state with no more than 75 members. The company may only issue one form of shares, i.e. no preference shares, for example. Only natural persons with American citizenship or a permanent residence permit may be shareholders of an S-Corporation. For this latter reason, a subsidiary can be a
European parent company do not apply for treatment as an S-Corporation.

US Corporation & Co KG - a simple, fast and inexpensive alternative to GmbH & Co. KG

1. General

Which legal form should I choose, which is the right one for my company? Sole proprietorship, partnership or corporation? Every entrepreneur is faced with this trend-setting question. Because depending on the choice, this has different legal, tax and financial consequences. Before you finally decide on a legal form, you should obtain comprehensive information and seek professional advice from a tax advisor, auditor or lawyer.

The GmbH & Co. KG is known as a special hybrid form of a partnership with a corporation. The Corporation & Co KG represents an interesting modification of this model. The highlight of this hybrid form is that the fully liable part of the KG, the general partner, is not a private person who is liable with their private assets, but in this case a corporation. As a general partner, you can limit your liability. The shareholders of the corporation are usually also the limited partners of the KG, who only have to be liable for the amount of their contribution.

Partnerships include legal forms such as the civil law partnership (GbR), limited partnership (KG), general partnership (OHG), partnership or GmbH & Co. KG or Corporation & Co KG. It is typical for partnerships that the partners are liable for the debts of the company with their personal assets. The shareholders do not have to raise a minimum capital and are not only owners but also managers of their company.

The corporations include the limited liability company (GmbH), the stock corporation (AG), the limited company (Ltd.) or the corporation (Inc.). Your partners or shareholders are liable - with exceptions - only in the amount of their contribution.

The Corporation & Co KG is therefore an interesting alternative in which the general partner (general partner) is a US Corporation (Inc.). In contrast to the GmbH & Co. KG, only a small amount of capital is required for the establishment, as no minimum capital of EUR 25,000 is required. Proponents of this alternative rave about the unbureaucratic and quick founding of such a US corporation. With its jurisprudence, the Federal Court of Justice has created the possibility that companies that are founded abroad but carry out their business activities in Germany are also legally capable here without having to provide a minimum capital as with the German GmbH or AG. A single person can also set up such a corporation & Co KG, since under American law they are allowed to set up a US corporation as an individual and are then at the same time the only limited partner of the KG.

 2) Establishment of a Corporation & Co KG

The Corporation & Co KG is founded in the same way as the KG, namely through the conclusion of a partnership agreement between an existing corporation or a corporation founded for this purpose (general partner) and at least one limited partner. Since for the establishment of the "general partner corporation" among other things. A partnership agreement (articles of association) is also necessary, the establishment of the Corporation & Co KG requires the conclusion of two partnership agreements, that of the corporation and that of the KG.

 a) Founding of the US Corporation

Establishing a corporation is quick and unbureaucratic. As a rule, the formation takes place within three days, in urgent cases it only takes up to 24 hoursw as with the US 24 Group LLC.

The raising of capital at a US corporation can be made very flexible. The shareholders themselves determine when and in what amount they make the contributions. A minimum amount for the formation is not required. Thus, the US corporation can in principle be founded with 1 dollar / 1 euro. The nominal amount of the shares is also unlimited.

The US Corporation can be incorporated by an individual (or legal entity). There are no restrictions on the domicile or place of business of the founder or nationality. There are also no restrictions on the location of the founding meeting.

The US Corporation name must contain an addition indicating that it is a corporation. In addition to the name Corporation (Corp.), this can also be the names Incorporated (Inc.), Limited (Ltd.) or Company (Co.).

The deed with the Articles of Incorporation is submitted to the Secretary of State. From there, the Certificate of Incorporation is created. At the subsequent initial meeting, the bodies of the corporation (board of directors) are determined and a number of further resolutions are passed. As part of a good start-up service, all these matters are offered and taken over by the service provider who specializes in company start-ups. In addition, the US AG 24 Inc as a service provider also offers the activity of a so-called Registered Agent. This is a government contact who is present in the US state in which the US Corporation is incorporated. The presence of such a person is mandatory. In addition, there must be a registered office address in the founding state. This service is also offered by the service providers.

b) Foundation of KG

I) Articles of Association

The KG is founded through the conclusion of a partnership agreement between the shareholders involved. The partnership agreement does not require any special form; in particular, it can also be concluded tacitly. The tacit agreement must then also extend to the limited liability and a certain amount of liability of one of the shareholders. In order to be able to prove the articles of association later on, the written form should be chosen.

The partnership agreement must have the following minimum content:

- Agreement on the common purpose, which the shareholders undertake to promote

- Joint company under which the trade is to be operated

- Mention of the general partner and the limited partner

- Amount of the contribution to which the liability of the limited partner is limited

In addition, the principle of freedom of contract applies to the KG contract, which basically leaves the contracting parties free to decide which arrangements they make among themselves. Exceptionally, it must be notarized if a contribution or service is in itself required in terms of form, e.g. the contribution of a GmbH share or a piece of property.

 II) company name

The company is the name under which the Corporation & Co KG operates in business transactions and is entered in the commercial register. Personnel, factual and imaginary companies borrowed from the company's object or combinations of these elements are permitted. In order to be suitable as a company, it is imperative that the name is distinctive. In addition, the company must contain the legal form suffix "limited partnership" or the abbreviation "KG", as this is the only way to disclose the company and liability relationships. The legal form suffix "KG" is mandatory; "Corporation & Co" alone may not be used. It is advisable to have the desired company checked by the Chamber of Industry and Commerce for risk of confusion and company truth and clarity.

The general partner corporation itself only needs to be entered in the German commercial register if it develops its own business activities within the framework of an independent branch in Germany. If the US corporation only has an independent representative office in Germany or if it only restricts itself to the management of its assets, it does not have to be entered in the commercial register. If it is also entered in the commercial register, it should be noted that the company name of the general partner corporation differs sufficiently from the company name of Corporation & Co KG. The designation of the legal form "Corporation" is not sufficient for this. However, for convenience, the corporation's name may include an addition such as "executive", "administrative" or "administrative" or the like. This addition can be omitted as misleading in the company of the KG if it pursues a different corporate purpose.

 III) Deposits

The main obligations of the shareholders of Corporation & Co KG include making the agreed contribution to the company (Section 705 BGB). Deposits are all contributions that are transferred to the company's assets and increase them. The services of the shareholders can consist of money, contributions in kind (e.g. land, machines) or the contribution of rights (e.g. patents, licenses), but also in the provision of services or in the transfer of use.

In principle, the shareholders are obliged to make equal contributions to the company (Section 105 (2) HGB in conjunction with Section 705 BGB, Section 706 (1) BGB). However, the shareholders can also agree on different amounts of contributions or completely waive the performance obligation for individual shareholders. Minimum deposits are not required by law. Within the articles of association, the shareholders must specify the amount of the contributions and the form in which they are to be made - in cash or in kind. If the company does not need any capital for the exercise of its business, the company can be run without deposits, but at least the limited partner's liability contribution (liability amount) must be specified in the articles of association.

On the part of the limited partners, the mandatory contribution denotes the amount that a limited partner has to pay into the company.Irrespective of this, the liability amount entered in the commercial register states the amount with which the respective limited partner is personally liable. It is only according to this that the liability of the limited partner towards the corporate creditors is determined. Any change in this liability amount must be registered by all shareholders for entry in the commercial register (Section 175 HGB). If no mandatory contribution is agreed in the articles of association, it can be assumed that this is identical to the liability amount. With the performance of the compulsory contribution, the direct liability of the limited partner expires in the amount of the paid-in amount.

This deposit does not have to be paid in immediately. However, if it has not yet been paid in in full, the limited partner can be claimed personally by the creditors of Corporation & Co KG in accordance with Section 171 I HGB in the amount of the contribution amount.

A limited partner who is also a partner in the general partner corporation may not contribute his or her corporation share as a contribution. The general partner corporation can, but does not have to, make a contribution.

Corporate bodies of Corporation & Co KG

a) Shareholder

Corporation & Co KG can have any number of shareholders, both general partners and limited partners. However, the Corporation and Co KG can also indirectly consist of one person, since the limited partner can also be the sole shareholder of the Corporation at the same time.

KG shareholders can be natural persons as well as other companies (with the exception of the non-incorporated association or the community of heirs). It does not matter whether you are a general partner or a limited partner.

For all partners, including the limited partners, but especially for the managing corporation, there is a general duty of loyalty to the company. The shareholders have the duty to look after the interests of the company and to refrain from anything that harms it.

The different positions of limited partners and general partners can also be seen in the control rights to which the partners are entitled: The personally liable partner, the corporation, has the right to information and inspection as well as a right to information. In contrast, the rights of the limited partners are lower: they can only check the annual net income; They only have a right to information that goes beyond this in special cases.

b) Management / management power

The management power (internal management and external representation) at Corporation & Co KG can be structured in different ways. If the shareholders do not have any regulations about who should run the company, the statutory regulation applies. This regulation provides that the management power is a matter for the general partner, the general partner; the limited partner is fundamentally excluded from the management and external representation (§ 164 sentence 1 HGB). In a typical Corporation & Co KG, in which there are no other general partners besides the general partner corporation, only the corporation is authorized to conduct the business. A special feature results from this constellation. Since the US Corporation is not able to act as a legal person, it needs a board of directors. This breaks the principle of self-organization that applies to partnerships at Corporation & Co KG. This means that even a "non-company" person can run the business or represent the company who does not bear the risk of personal liability (so-called external organization). Outside third parties can also be employed as managing directors of the general partner corporation. The corporation is entitled to reimbursement of expenses for the management; Management remuneration can only be paid if this is agreed separately.

If the limited partners are, as is often the case, shareholders of the general partner corporation and at the same time exercise their management function, the limited partners have extensive management authority.

The management power is exercised by the organs of the US Corporation, i.e. the Board of Directors or the Executive Board. Care must be taken to ensure that the persons involved are exempt from the prohibition of self-dealing (Section 181 of the German Civil Code). The KG contract must therefore provide for a general rule according to which the managing directors can be exempted from the prohibition of self-dealing. The exemption itself can then take place through a simple shareholder resolution.

4) Corporate activity of Corporation & Co KG

The Corporation & Co KG is directed to the operation of a commercial fabric. A commercial trade is any fully commercial enterprise with the exclusion of freelance, scientific and artistic activity.

a) Commercial register, business registration

The company of Corporation & Co KG must be registered with the commercial register by all shareholders - limited partners and general partners - before or immediately after the start of business activity. If the Corporation & Co KG has started its business before it was entered in the commercial register, then each limited partner who has agreed to the start of business is liable for the shareholders' obligations up to the registration as a general partner (i.e. with his entire private assets). This does not apply if the obligee was aware of his participation as a limited partner (Section 176 (1) HGB). The registration must contain the names of the partners - including address, date of birth -, the company and its registered office, the date of formation of the company, the amount of the limited partner's contribution, any deviations from the representation relationships and the line of business, and must be certified by a notary.

b) liability

The liability of the company and the partners is structured like the KG, the unlimited liability of the general partner corporation is offset by the limited liability of the limited partners. The US Corporation as general partner has unlimited liability with its assets, but the shareholders of the corporation only with their capital contributions. This constellation has eliminated unlimited liability, there is a de facto limitation of liability on the part of the general partner.

c) Annual accounts

The Corporation & Co KG is a so-called mixed legal form, therefore, in principle, separate annual financial statements must be drawn up for both companies - on the one hand the corporation and on the other hand the KG. The general partner corporation, insofar as it operates independently, has to report according to the accounting regulations for corporations and the limited partnership according to those for partnerships. If the permanent establishments do not represent branches under commercial law, the accounting obligation only arises after a request by the tax office after certain turnover and profit limits have been exceeded (§ 141 AO). The books are generally to be kept in Germany (Section 146 AO), but simplifications are possible in individual cases. If the corporation only acts as a fully liable partner and conducts the business of Corporation & Co KG without receiving management fees for this, there is no need to submit corresponding tax returns in either the USA or Germany. A so-called annual report only needs to be submitted once a year for the corporation.

The calculation of the company's profit and loss is based on the approved annual financial statements. The general partner, i.e. the corporation, is responsible for this.

5) pros and cons

a) Advantages:

- De facto limitation of the general partner's liability through the legal form of the US Corporation. In the case of a Corporation & Co KG, the Corporation assumes the liability limitation function

- Management and representation of the company by general partner or by a third party possible

- Low capital requirement: In contrast to the GmbH & Co KG, a minimum capital is not required for the Corporation & Co KG. No share capital of at least 25,000 euros in cash, as is the case with a GmbH, for example. If the founder is also a limited partner of the KG, he as such must make his own contribution to the KG, whereby he can determine the amount of the contribution himself

- low costs and easy handling when starting up; Establishing a US corporation is faster, easier and cheaper than a GmbH (and also an AG)

- Anonymity with regard to the shareholders. The straightforward US corporate law is particularly attractive for German medium-sized companies and small businesses.

b) Disadvantages:

- legal complex construction

- Costs and formalities for setting up the general partner corporation

- Difficulties in obtaining bank loans

6) dissolution

A distinction must be made between the dissolution and termination of Corporation & Co KG. The dissolution does not yet lead to the termination of the company, rather the winding-up (liquidation) follows, the aim of which is to satisfy the company's creditors, to distribute the remaining assets among the shareholders and to delete the company from the commercial register. The following events lead to the dissolution:

- Resolution of the shareholders

- Expiry of the company period agreed in the articles of association

- Opening of insolvency proceedings either against the company's assets or if the application was rejected due to lack of assets

- Judicial decision

The case is not regulated by law if the last general partner or limited partner leaves. If only limited partners remain, the company becomes a dissolved limited partnership due to the position of the limited partners. The termination of the society leads to its extinction, the society no longer exists. This presupposes that the company has either been deleted from the commercial register or the company has been converted into another legal form or has been merged with another company.

A visa (residence permit) is required to do business in the USA. Therefore, visa issues should be considered at the beginning of the operational planning, since without a corresponding visa, neither a residence permit nor an employment permit can be obtained.

American immigration law knows two forms of residence: the non-immigrant status for temporary residence (tourist visit, study, employment, diplomatic
status etc.) as well as the permanent resident status for permanent residence, which ultimately also entitles the holder to a Green Card.

As part of the so-called Visa Waver program, people arriving from numerous countries, including Germany, Austria and Switzerland, are exempt from the visa requirement. However, entry under this Visa Waver program does not entitle you to employment in the United States, and you cannot extend your stay. Any stay longer than 90 days is without exception subject to a visa. As part of the Visa Waver program, it is not possible to change your residence status in the USA yourself or apply for a new visa, as is possible with other types of visas.

Since March 1, 2003, visa applications are no longer checked and approved by the US Immigration and Naturalization Service (INS), but by the Department of Homeland Security (DHS). The Bureau of Citizenship and Immigration Services at DHS is responsible for administering all visa programs, processing immigration applications and issuing work permits. All applications for non-immigrant and immigrant visas are subjected to a detailed security check. The exact and current conditions for obtaining a visa will also be announced at the American consulate in the applicant country.

The visa application is applied for at the relevant consulate in your home country. A personal interview has recently become mandatory when submitting an application. As a rule, the following documents must be brought with you when submitting the application:

  • Application form OF - 156
  • for male applicants aged 16-45: application form DS-157
  • Visa processing fee (amount may vary depending on the type of visa)
  • 2 passport photos
  • passport

Depending on the visa, additional documents must be presented (e.g. the marriage certificate). In some cases (visa without a work permit) proof of financial support is required. This is often not explicitly prescribed, but appears to be the case when a longer visitor's
or student visas matter. Proof that you intend to leave the USA is also required.

Both the design of the visa categories and the requirements for the issuing of visas are constantly changing. Therefore, the current status of the visa regulations should be obtained from the American embassy or consulate in your own country.

Possession of a visa does not yet give the visa holder the right to enter the United States. Immigration officials control each visa holder and reserve the right to refuse entry. In addition, between visa and residence
to distinguish duration. The length of stay for a visitor visa is six months,
while the visa can be valid for ten years. You then have to enter the country several times
the United States entitled.

Applicants for applications for extension of stay and reissue of work permits must expect processing times of up to four to five months.

B-1 Visa, B-2 Visa, and H-1B Visa

Some visas in this category contain a work permit, while others do not. It is expressly pointed out that a person who does a paid job without a work permit will lose his or her right to reside in the United States. If the immigration and naturalization authority INS becomes aware of this activity, so
the person concerned is threatened with immediate deportation. Since the end of 1986 employers
who employ foreigners without a work permit, are prosecuted under civil law and, in particularly serious cases, even criminally.

The nonimmigrant visas are divided into several categories, which in turn are tailored to specific motives for entering the country.

B-1 visa
The "B-1" visa enables single or multiple entries of people who are employed outside the USA and who are also paid there. The purpose of the stay is to promote the business of the foreign employer, such as contract negotiations, market
explorations, start-ups, but also assembly, maintenance and repair
of machines. The remuneration must be paid by the home employer and not
from the American. The "B-1" visa has a term of six months and can initially
can be extended to a maximum of one year. "B-1" visas are available within a few days at
the U.S. Consulates.

Self-employed service providers (e.g. consultants) who are paid from US sources do not receive a "B-1" visa.

B-2 visa
The "B-2" visa is valid for tourists who want to stay in the country for more than 90 days. It also applies to medical treatment, participation in events or relatives of business travelers. The stay is limited to six months (with the possibility of an extension to one year), whereby the visa can be valid for several years.

H-1B visa
The "H-1B" visa grants a temporary work and residence permit for people with special professional qualifications. The "H-1B" visa is aimed at applicants who have completed a university degree as well as people who have distinguished themselves in their field. The job in the USA must require the special qualification proven by the applicant. The "H-1B" visa entitles you to a work-related stay in the USA for up to six years. When applying for an "H-1B" visa, the applicant must be able to show an employer. It is not possible to obtain an "H-1B" visa without an appropriate job offer. The future employer must submit a corresponding application to the responsible WS office.

With the confirmation of the INS, the foreign employee must again apply for his visa at the relevant consulate. This visa is also tied to that particular employer. In the event of a change to another job, a new application for the transfer of the visa must be submitted.

In general, the "H-1B" visa is used in the following professions:
Natural sciences, tax and auditing, finance, architecture and engineering
being. The "H-1B" visa is initially issued for three years and can be extended to a maximum of six years.

E-1 and E-2 visas

The E-1 visa is aimed at business people and capital investors and the E-2 visa is aimed at capital investors. These visas only entitle their holders to employment with the applicant company in the USA. While the E-1 visa is based on trade turnover, the E-2 visa is based on the amount of investment made.

E-1 visa
The "E-1" visa gives business people and investors who want to conduct commercial and investment transactions in the USA a work permit. The applicant must be a citizen of a country with which the USA has an appropriate trade and investment protection
agreements (for example with all EU countries except Portugal) and with the purpose
enter the USA to work in a management position for a US company. To obtain the
"E-1" visa, however, the applicant company must have considerable trade
provide evidence of the volume with the contracting state. Substantial trading is with a transactional
volume of USD 200,000 occupied. Usually, a single transaction is not enough; business relationships should be regular and long-term. The
"E-1" visa has a term of five years and can be extended for a maximum of another five years.

E-2 visa
The "E-2" visa is a pure investor visa. The issuance of this visa is associated with extensive requirements. So is the applicant company
obliged to make significant investments in the USA for the active operation of an ongoing business. In addition, the "E-2" visa is subject to conditions in the
Areas of investment finance and investment-related job creation. The visa holder must hold a managerial or specialist position.

The amount of investment that is deemed sufficient to successfully complete an application
Considered on issuing an "E-2" visa can usually be compared to the cost of starting or buying a viable business. As a guideline for this visa category, an investment of around USD 1,000,000 and the resulting safeguarding of ten jobs are considered. In an area with a high unemployment rate, an investment of USD 500,000 and securing ten jobs may suffice. The INS checks applications for "E-2" visas particularly strictly in order to avoid abuses under the guise of setting up a company.

The "E-2" visa is initially issued for one to five years and can then be extended indefinitely. The application for the "E-2" visa is filed with the U.S. Consulate submitted.

L-1 visa

The "L-1" visa can be used for internal transfers. The foreign worker must be in at least one year within the last three years prior to filing the application
of the German, Austrian or Swiss branch or parent company. The applicant must have worked in a managerial position or
have special expertise. The posting foreign company must be in
are closely connected to the target company in the USA (parent / subsidiary relationship,
Group or joint venture), so that the characteristic of the "L-1" visa is the
internal transfer is fulfilled.

An "L-1" visa is initially issued for three years and can be extended to a maximum of five years for technical staff and to a maximum of seven years for management staff.

The "L-1" visa is applied for by the US employer at the Bureau of Citicenship and Immigration Services at DHS and issued by the US employer. Consulate issued in Germany.

Immigrant Visa / Green Card

In addition to nonimmigrant visas, the Bureau of Citizenship and Immigration Services issues
in the DHS also immigrant visas and the so-called green card. By obtaining the
Immigration visa or permanent resident status brought about by the green card gives the holder an unlimited residence and work permit, which is not unlike the above. Nonimmigrant visa types are tied to a specific company.

People with extraordinary professional experience or qualifications, such as professors, scientists, managers or people with a higher academic degree, are given preferential treatment for green card applications. In addition, entrepreneurs who want to invest at least USD 1,000,000 in capital in a new business in the United States (e-Visa) can apply for a green card with a high chance of success.

In contrast to the employment-related nonimmigrant visas, the green card is no longer tied to a specific company. The possession of an immigrant visa or the green card also leads to unlimited tax liability in the USA. I. E. the holder is subject to US taxation on their worldwide income, if this is effectively linked to the USA. Before applying for an immigrant visa, the resulting tax advantages and disadvantages should be weighed.

The permanent residence permit can be obtained in two ways:

  • Work-related immigration: one can show an offer of permanent employment.
  • Family-related immigration: one fulfills the requirement due to correspondingly close family ties to a US citizen or a person who is permanently and legally in the US.

If a foreigner is already in the United States on a nonimmigrant visa, they can apply to switch to a green card, provided they have legally entered the United States and generally meet the requirements for an immigrant visa.

At the beginning, the green card is issued for a limited period of two years in order to prevent misuse (e.g. marriages of convenience). If you have passed this probationary period, you will be granted unlimited residence permits.

A total of around 140,000 green cards are issued each year. If you do not receive your green card in the year of application, you will be placed on a waiting list and will receive the visa at the next possible date.

An alternative to obtaining the green card in the above way is the annual green card lottery. It is an immigration program for foreigners who do not meet the conditions mentioned, but who should be given the opportunity to stay in the USA without restriction.

However, since the process of obtaining an immigrant visa or green card is associated with considerable administrative and time-consuming effort, this type of residence and work permit for employees posted to the USA by German companies is rarely an option. The same may apply to German entrepreneurs permanently residing in the USA.


Naturalization must be distinguished from the residence permits listed above. Permanent residents with legally acquired status can become citizens of the United States.

You must have five years of permanent residence in the United States at the time of application. The naturalization application must also be submitted to the INS. The explicit recognition of the American value system is assumed.

US law allows Americans to be citizens of other states. For citizens from Germany, Austria and Switzerland, national law regulates the question of whether dual citizenship is possible. For example, a Swiss citizen who also has American citizenship is considered a Swiss citizen in Switzerland
and as an American in the US.


You will have your own US public company within 72 hours. Establishing a US corporation has many advantages, e.g. the anonymity of the owner. To operate a US company properly, all you need is a US bank account and a proper US mailing address. No proof of capital required for a US corporation. The US Corporation can be entered in the commercial register in Germany without proof of share capital. We will open your US account with the Bank of America in Florida, which you can access online anywhere in the world. You can also purchase one of our US shelf companies to make the formation even faster. This US shelf company is an existing company that you can acquire. The shelf company already has certain share capital and a US bank account with Bank of America.

To find out more about US stock corporations, shelf companies, etc., take a look at our website. There you can find out more about the services we offer for the establishment of a US corporation. You can read about how to set up a US company and how we can support you in opening a foreign account, preparing the formation applications and the deed of incorporation. We have put together a list of the prices, e.g. for opening a US bank account and establishing a US corporation or LLC. You can also find a list of the US shelf companies that we have for sale there. Of course, you can also contact us. We are happy to answer your questions, for example about foreign companies or the US shelf company.

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US 24 Group Inc. helps you set up a US company. We take care of everything that is necessary for the formation of a corporation, such as the opening of a US bank account, the creation of the incorporation applications or the drafting of the deed of incorporation. Our range of services goes far beyond the establishment of foreign companies and foreign accounts. Even after the establishment of the US Corporation, we will support you with words and deeds. We also offer our own shelf companies for sale. Behind the acquired US shelf company is an existing company. By buying a shelf company, you also have your own US stock corporation with a US bank account.

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