In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?
If you would like to know more about this topic, please keep on watching!
This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.
Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.
However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.