NON-U.S. RESIDENT TERMS & CONDITIONS AND DISCLAIMER
U.S. Business Formation & Operational Compliance Notice
Business formation is NOT immigration. Forming or owning a U.S. company does not automatically give a non-U.S. resident the right to live or work in the United States.
1. PURPOSE OF THIS DOCUMENT
This document explains important limitations and responsibilities that apply when a non-U.S. resident engages USA Business Launch to assist with the formation and registration of a business in the United States. Our service is intended to assist with establishing a U.S. business entity and related business-registration services. Business formation does not, by itself, provide immigration status, employment authorization, a visa, a work permit, or permission to physically operate a business in the United States. Clients should read this document carefully before purchasing or proceeding with U.S. business formation services.
2. STATE PROCESSING TIMES AND GOVERNMENT DELAYS
Business formation filings are submitted to the applicable state government agency, commonly the Secretary of State or another designated business filing authority. Processing times are controlled by the applicable government agency and are outside our control. A filing may take longer than the estimated processing time because of government backlogs, holidays, filing-volume increases, system outages, additional review, name issues, incomplete or inconsistent information, requests for clarification, or other governmental requirements. USA Business Launch does not guarantee a specific approval date, processing time, or government turnaround time. Government processing delays do not constitute a failure by USA Business Launch to perform its services.
3. BUSINESS NAME AVAILABILITY AND GOVERNMENT-MANDATED CHANGES
A requested business name is not guaranteed to be accepted by the state. Each state has its own name-availability and distinguishability rules. The state filing authority makes the final determination as to whether a proposed name can be registered. A state may determine that a requested name is unavailable, too similar to another entity, or otherwise does not satisfy its naming requirements. The state may require the applicant to modify the proposed name before the filing can be accepted. Depending on the state's rules and the circumstances, a modification could involve adding or changing wording, including a prefix such as “The,” or making another distinction. Any such modification is determined by the applicable government authority and is not controlled or guaranteed by USA Business Launch. A preliminary name search or availability indication should not be treated as a guarantee that the state will ultimately approve the name.
4. OPERATING IN MORE THAN ONE U.S. STATE
Forming an LLC or other business entity in one state does not automatically authorize the business to operate everywhere in the United States. If the business conducts activities in another state, that state may require the company to register there as a foreign entity, obtain a certificate of authority or foreign qualification, register for applicable taxes, and/or satisfy other state or local requirements. Whether registration is required depends on the nature, location, and extent of the business's activities. Physical offices, employees, in-person operations, facilities, and other forms of business activity can create additional registration and compliance obligations. Clients are responsible for obtaining any additional registrations, qualifications, permits, licenses, tax registrations, or local approvals required outside the state in which the company was originally formed.
5. BUSINESS LICENSES, PERMITS AND INDUSTRY-SPECIFIC REQUIREMENTS
Formation of a U.S. business entity does not automatically provide every license or permit required to conduct a particular type of business.
Depending on the business activity and location, additional federal, state, county, or municipal licenses, permits, registrations, certifications, inspections, or professional credentials may be required. Examples include health care and regulated health-related services; transportation, trucking and logistics; food service, food production and food sales; construction and contracting; professional services and regulated professions; alcohol, tobacco and other regulated products; and other location-specific activities.
Requirements vary by jurisdiction and business activity. Obtaining an LLC or corporation does not mean that the business is automatically licensed to perform regulated activities. The client is responsible for identifying and maintaining all licenses and permits applicable to the business. USA Business Launch's business-formation service should not be interpreted as a guarantee that all required licenses or permits have been obtained.
6. U.S. IMMIGRATION, VISA AND WORK AUTHORIZATION — IMPORTANT
Business formation and immigration are separate legal matters. A non-U.S. resident may be able to own a U.S. company while remaining outside the United States, subject to applicable laws and the person's circumstances. However, ownership of a U.S. company does not by itself grant U.S. citizenship, permanent residence, a visa, immigration status, or employment authorization.
If a client wants to travel to the United States to conduct business activities, the client must determine whether the intended activities are permitted under the immigration status or travel authorization they hold. If the client intends to physically work in, manage, or operate the business in the United States, a separate immigration analysis may be required and an appropriate visa or immigration status and/or work authorization may be necessary.
There is no single universal “business visa.” The appropriate category depends on the person's nationality, ownership structure, investment, proposed activities, employment role, and other facts. Potential categories may include E-1/E-2 treaty classifications, L-1 classifications, or other employment or immigration categories when their specific requirements are met. A B-1 business visitor classification is limited to permitted temporary business activities and is not a general work authorization.
USA Business Launch does NOT provide immigration services, visa services, immigration legal advice, or guarantees of visa issuance or immigration approval.
7. SEPARATION OF BUSINESS FORMATION FROM IMMIGRATION SERVICES
Our role is to assist with the formation and registration of a U.S. business so that the entity can be established and, where applicable, positioned to begin meeting its business-registration requirements. We do not represent clients before U.S. immigration authorities, prepare immigration petitions, select an immigration category for a client, provide immigration legal advice, or guarantee entry into or authorization to work in the United States. Clients who want to relocate to the United States, physically operate their company from within the United States, employ themselves in the business, or otherwise perform work in the United States should consult a qualified U.S. immigration attorney or other appropriately licensed immigration professional before making travel, investment, employment, or relocation decisions.
8. CLIENT RESPONSIBILITY FOR ACCURATE INFORMATION
The client is responsible for providing accurate, complete and current information required for the formation and registration process. Delays, rejections, amendments, additional fees, or compliance issues resulting from inaccurate, incomplete, misleading, or outdated information supplied by the client may be the client's responsibility. The client is also responsible for reviewing all formation documents and government correspondence and promptly providing any requested information or approvals.
9. GOVERNMENT FEES, THIRD-PARTY FEES AND ADDITIONAL SERVICES
Government filing fees, publication fees, expedited-processing fees, registered-agent fees, licenses, permits, foreign-qualification fees, tax registrations, professional fees, and other third-party charges may be separate from USA Business Launch's service fees unless expressly included in the client's selected package. Additional work required because of a rejected filing, name change, foreign qualification, licensing requirement, amendment, government request, or change in the client's circumstances may require additional fees unless otherwise stated in writing.
10. NO GUARANTEE OF BUSINESS SUCCESS OR REGULATORY APPROVAL
USA Business Launch assists with business formation and related administrative services. We do not guarantee that a client's business will be approved for every license, permit, bank account, payment processor, marketplace, financing program, contract, government program, or other business opportunity. Approval decisions made by government agencies, banks, financial institutions, payment processors, marketplaces, landlords, insurers, and other third parties are outside our control.
11. DISCLAIMER — NOT LEGAL, TAX OR IMMIGRATION ADVICE
The information in this document is provided for general informational and administrative purposes only. It is not a substitute for advice from a qualified attorney, immigration attorney, tax professional, accountant, licensed business professional, or other appropriate advisor. U.S. federal, state, county and municipal requirements can vary based on the client's circumstances, business activity and location. Clients should obtain professional advice when their situation involves immigration, regulated industries, tax planning, securities, employment law, professional licensing, or other specialized legal matters.
12. CLIENT ACKNOWLEDGMENT
By purchasing or proceeding with services from USA Business Launch, the client acknowledges that:
- Government agencies control their own filing decisions and processing times.
- A requested business name is not guaranteed to be approved.
- A state may require a name modification before approval.
- Operating in additional states may require additional registrations or foreign qualification.
- Additional licenses and permits may be required depending on the business activity and location.
- Forming or owning a U.S. company does not automatically provide immigration status, a visa, work authorization, or the right to physically work in the United States.
- USA Business Launch is a business-formation and registration service provider and is not an immigration law firm or immigration service provider.
- The client is responsible for obtaining professional legal, tax and immigration advice when needed.