As you are likely aware, illegal immigration has become somewhat of a “hot button” topic over the last several years, particularly now with presidential elections looming. Important distinctions, however, exist between corporate immigration and the personal illegal immigration that have grabbed the headlines lately. Corporate immigration, as the name implies, is the process through which a foreign company moves all or a part of its business to the United States. We have all heard about companies “exporting jobs overseas”; well, you can think of corporate immigration as the opposite of this practice.
An integral part of a company’s corporate immigration process is facilitating the immigration of the company’s key employees and officers to enable the operation of the business in the U.S. Companies seeking corporate immigration are required to comply with arduous federal business immigration laws and can expect to incur significant costs in legal and other fees during the immigration process. Rather than coming to America seeking employment (as is often the case in personal immigration), business or corporate immigrants create employment opportunities and make a significant investment in the U.S. With any corporate immigration, it is critically important that the formation of the new U.S. entity be done properly and with careful attention being paid to ensure that the resulting new entity will comply with the applicable state business codes and statutes as well as the federal immigration law to ensure a seamless corporate immigration process.
Increasingly, Texas, and specifically Montgomery County, has become an attractive destination for foreign nationals looking to expand their operations into the U.S. or even to start up new businesses. A relatively favorable tax structure, a solid base of potential employees, “pro business” legislation and statutes, and reasonable property values are all reasons that many businesses, both international and U.S. based, have been cited for starting operations in Texas. This fact is all the more true when considering the Montgomery County area as the site for new operations. Most of our international clients are delightfully surprised when they learn how welcoming the Montgomery County area is to new foreign businesses. As with any new venture, the foreign company beginning a new venture in the U.S. will have to navigate a host of State and Federal laws. However, with the assistance of a knowledgeable corporate attorney, these obstacles are manageable. With proper legal guidance and structuring from the onset, a foreign company desiring to set up operations in Texas can find the endeavor to be successful and rewarding.
Eric R. Thiergood, Sr.
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