-1

I have seen on many sites that I can create a company and a bank account in the USA 100% remotely and without a visa and all of that thanks to LLC but due to the requirements that banks have with the Patriot Act, is that true? What are they not telling me?

There were visas that allowed me to do business in the USA but not receive money from American companies, instead my employer had to pay my salary in my own country. Seeing this type of situation, I find it hard to believe that LLC is the solution.

So I have some additional doubts regarding LLC:

-Can I create a company in the USA in the name of a legal entity 100% remotely? -Can I create a bank account in the USA and receive money within the same country 100% remotely?

2
  • A US citizen can open a bank account without appearing. Many of these laws are in place to reduce fraud.
    – Pete B.
    Commented Jul 3 at 11:32
  • Even US citizens are required to establish their identity per the same KYC rules, so if the bank cannot identify you remotely reliably enough - you'll have to come in. There are in fact issues for Americans abroad with US banking.
    – littleadv
    Commented Jul 3 at 15:53

1 Answer 1

6

There's a mishmash of several different misconceptions.

There were visas that allowed me to do business in the USA but not receive money from American companies

I'm not an immigration attorney, but I'm very familiar with the US immigration system and there are no such visas. There are no visas that have specific restrictions on receiving money at all, there are however restrictions on ability to work (even for free) with most US visas.

Seeing this type of situation, I find it hard to believe that LLC is the solution.

It is not.

I have seen on many sites that I can create a company and a bank account in the USA 100% remotely and without a visa and all of that thanks to LLC but due to the requirements that banks have with the Patriot Act, is that true? What are they not telling me?

They're not telling you that they will:

  • Be the LLC members or managers and will present themselves as the ones with the authority to conduct business in the name of the LLC, or
  • Be your representatives and will have a power of attorney from you to conduct business on your behalf, or
  • Violate the US law, and impersonate you with a friendly bank clerk who'd look the other way, or
  • Find another way to circumvent the KYC requirements of the PATRIOT Act.

The first two alternatives are probably legal, but you should understand really well what they mean to you and your LLC. I suggest discussing this with your attorney. Any other option (including the latter two) may lead to legal complications in the future.

Can I create a company in the USA in the name of a legal entity 100% remotely?

Yes, you can file all the paperwork remotely, you can do that yourself. You don't need any intermediary to do that for you. In fact in most US States that's the usual way (people only go to file in person when there's urgency).

Can I create a bank account in the USA and receive money within the same country 100% remotely?

As a foreigner? Extremely unlikely. If you do have an American SSN and credit history which allows the bank to establish your identity in a satisfactory way then maybe, but if you have no history in the US at all then it is unlikely that you'd be able to open an account remotely.

That said, the disconnect between the two questions is that the bank account you're considering wouldn't be yours. It would belong to the LLC - a separate legal entity from you.

5
  • So with a B1 Visa can I create a bank account in the USA? If so, can I go to the USA, create my bank account, return to my country and never return to the USA? Or do I still have to renew the visa so that the bank account remains active?
    – Willy
    Commented Jul 12 at 11:43
  • What is the point of allowing companies to be created 100% remotely (as a foreigner) and not being able to create a bank account for it (without the KYC rules)?
    – Willy
    Commented Jul 12 at 11:53
  • 1
    @Willy companies are created by submitting paperwork to the State regulators, which are usually located in a single office in the capital city. Requiring to do that in person is onerous. Bank branches, on the other hand, are ubiquitous. If you show up in a bank branch in person - yes, you'll be able to open a bank account, if the bank provides accounts to foreigners (not every bank does).
    – littleadv
    Commented Jul 12 at 16:11
  • What about the B1 Visa? (the first question I mean).
    – Willy
    Commented Jul 12 at 19:25
  • As I said - depends on the bank.
    – littleadv
    Commented Jul 12 at 19:28

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .