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    4 Replies Latest reply on May 16, 2010 6:03 PM by bpfinance

    Marketing products to US Companies

    aryajur Newbie
      I am an H1-B Visa holder working in California. My family has a business in India which makes some products that they would like to start marketing to US companies. I am completely clueless as to how they can do that? Do they need to form a subsidiary and hire employees here to do the work? I cannot help in any way since I am working for another company on my H1-B status and moreover its not in my field of knowledge.
      Can anybody already residing here like my wife help in this or is it necessary for someone to come on a business visit from there?
      Any resource links and any advice would be greatly appreciated.
        • Re: Marketing products to US Companies
          bpfinance Adventurer
          You need to speak to an immigration and/or business attorney about some of your questions. What products does your family supply? There are many businesses that operate in India that businesses in the US find and use as suppliers. It depends on what you are trying to sell.

          If your wife is interested, she can work with the company, but if she is a resident in the US that may require the Indian business to register to do business in the US. Whether to open a subsidiary or just register as a foreign company depends on your family's specific situation and what exactly they are trying to do.

          Let me know if you need any assistance (although I cannot answer legal questions).

            • Re: Marketing products to US Companies
              aryajur Newbie
              Thank you bpfinance for your reply. The company in India has some Software products for technical information management and reuse.
              I have been searching the Internet and from your reply also it seems that to have someone work here on behalf of the company here it needs to be registered here as some entity. This creates a lot more questions as to if the owner of the entity that is created here in US can be someone in India. Can there be possibilities of my wife owning that entity? That creates more questions since she is on a H4 Visa. Then there are questions like if such an entity is created (I am still understanding about LLC, C Corporation and S Corporation here in US), can this entity employ a H1B Visa holder as an employee or say a F1 Visa holder with the 1 year work permit as an employee?

              To many questions come to mind and I am quite confused, so I think I will be consulting an attorney very soon. I just want to get some homework done so that I ask good questions and clear all my confusions. Also I heard there is something like a legal insurance allowing you unlimited consultations?
              Sorry if I have flooded this post with lot of questions.
                • Re: Marketing products to US Companies
                  bpfinance Adventurer
                  These are mostly questions you would have to consult an immigration attorney about as I am not familiar with the different types of Visas. Non-resident aliens cannot be shareholders of an S-Corp. An S-Corp is a federally designated tax structure as opposed to a type of legal entity. Legal entity formation (like LLCs and Corporations) are governed by state law, and thus I cannot give you an example of who can be members or shareholders. However, in most states, there is no requirement that the members or shareholders be here in the US.

                  Whether the company needs to register in the US depends on many factors. If the company has an employee that is living here in the US, it would be hard to find a way around registering in the US. If the employee lives in India and comes to the US every once in a while, the question about whether registration is necessary becomes a little more difficult. It's based on whether you have a "presence" in the US. You need to talk to a business attorney or business management specialist and discuss your specific situation with them in order for them to assist you with requirements.
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              • Re: Marketing products to US Companies
                diaramallc Newbie
                Can you email me a I have an IT consulting company and we also do business representation and technical marketing. I need to have more information about your product in order to figure out the best way to assist you.