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 E-1 Visas and American Company Formation 
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Post E-1 Visas and American Company Formation
E-1 Visas and American Company Formation
by: Ben Hart

American employment visas can be difficult to obtain for some foreign nationals. Hopefully, the following article will shed some light upon the Employment visa categorized as E1. This author also hopes that this piece will also prove enlightening for those thinking about setting up an incorporated entity in the United States of America.

Company incorporation in the USA and American Immigration might seem, at first blush, to have no relationship. In reality, nothing could be further from the truth. As the recent economic turbulence has created tremendous investment benefits in the United States many countries with strong foreign currencies are looking for investment opportunities in the USA. This may be due to the increasing prevalence of low cost internet services in countries outside of the US. Regardless of the reason, foreign direct investment in the American economy is a positive trend as foreign capital can provide economic benefits to the US in general and also create jobs for Americans in communities where foreign businesses decide to operate.

Those doing research on the E-1 visa for the first time are often quick to point out that one of the major requirements for American E-1 visa issuance is the existence of a viable commercial enterprise in the USA. Many foreign nationals who conduct business in the United States do not realize that one of the best ways to protect both personal as well as corporate assets is through use of limited liability. Limited Liability can be generally summed up in lay terms by quoting

"Limited liability is a concept whereby a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a company or partnership with limited liability. In other words, if a company with limited liability is sued, then the plaintiffs are suing the company, not its owners or investors."*

Limited Liability can provide an extra layer of legal protection for those in the United States on an E1 visa who conduct trade or business through a corporate entity incorporated in the United States.

Keeping this in mind, those wishing to apply for an Employment based visa to the USA are prudent to bear in mind that Employment visa applications must be bona fide. This means that individuals and companies should be seeking visa benefits based upon genuine business imperatives. A visa application should not be based upon the existence of a legal entity formed pretextually in an effort to obtain visa benefits. However, even those with a genuine need for visa benefits may find attorney consultation advantageous as the visa process can seem rather Byzantine for those unaccustomed to dealing with the US Immigration system.

About The Author
Benjamin Hart is a licensed lawyer from the USA. He serves as the Managing Director of Integrity Legal (Thailand) Co. Ltd and as the International Director of White & Hart Ltd. Contact information: 1-877-231-7533 (US Toll Free), +66 (0)2-266-3698 (Thailand), +44 203-002-3837 or See further information on the internet at: or
The author invites you to visit:

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Fri Oct 15, 2010 11:17 am
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