Subtitle: LLC vs. Foreign Business vs. Nominee Structure — What Works Best for You?
[Section 1: Why Business Structure Matters for Immigrants]
If you’re an immigrant or visa holder, earning online or running a side hustle isn’t just about income — it’s about legality.
Setting up the wrong business structure could put your visa at risk. But with the right setup, you can earn confidently, build long-term income, and even boost your chances of permanent residency.
This post will break down three smart legal structures you can use to earn safely and build your digital career.
[Section 2: What Makes a Business Structure “Visa-Safe”?]
- No direct labor in unauthorized status
- Clear separation between personal and business income
- Income routed to a legal entity, not personal U.S. bank
- Ability to pay taxes in origin country or U.S. if appropriate
- Protects immigration status during audits, renewals, or visa changes
[Section 3: Structure 1 – Foreign-Based Entity (e.g. Korean Yuhan Hoesa, Indian Pvt Ltd)]
- Set up a business in your home country
- Use it as the “owner” of your blog, channel, or online store
- All income goes to this entity
- Pay taxes in your home country
- Use Payoneer, Wise, or international transfer tools
Pros:
Keeps income away from U.S. jurisdiction
Visa-safe if you’re not performing work in the U.S.
Low setup costs in many countries
Cons:
Requires international compliance and banking
Less credibility if targeting U.S. clients
[Section 4: Structure 2 – U.S.-Based LLC (With ITIN or Nominee)]
- Register a Limited Liability Company in the U.S.
- You can be the owner if you have an ITIN or use a nominee
- Connect the LLC to your blog, YouTube, course, etc.
- File taxes as a business, even if you’re not a U.S. citizen
Pros:
More legitimacy with U.S.-based platforms
Easier access to Stripe, PayPal, Amazon, etc.
Can apply for EIN and open U.S. business bank account
Cons:
May trigger immigration scrutiny if tied to “active” work
Legal costs and annual compliance
[Section 5: Structure 3 – Nominee or Partnership Model]
- Use a trusted U.S. resident as the legal owner
- Operate the business behind the scenes as a partner, consultant, or content creator
- Define roles clearly in legal contracts
- All revenue goes through the nominee, then shared
Pros:
Allows operation without needing ITIN
Can be set up quickly
Flexible structure for small side projects
Cons:
High risk if trust is broken
Legally complex if there’s a dispute
Must keep clear documentation
[Section 6: Legal Tools and Resources You’ll Need]
| Need | Tool |
|---|---|
| Foreign entity setup | Local business registry, accountant |
| U.S. LLC setup | Stripe Atlas, Firstbase, Doola |
| Contracts | RocketLawyer, LegalZoom |
| Banking | Wise, Payoneer, Mercury, Relay |
| Tax compliance | Tax accountant, TurboTax, Deel |
[Section 7: Real-Life Example – Ana from Brazil Using Stripe Atlas]
Ana, a content creator from Brazil, wanted to sell a Notion template and accept Stripe payments.
Her visa didn’t allow U.S.-based freelance work.
She used Stripe Atlas to:
- Set up a U.S. LLC
- Open a Mercury bank account
- Link everything to her Gumroad page
- Pay taxes as a business, not an individual
Now she earns legally — with no stress about her visa.
[Section 8: Key Considerations When Choosing a Structure]
- Do you have an ITIN?
- Where will you receive payments?
- Is the work “passive” or “active”?
- What’s your long-term plan (stay, change visa, get residency)?
- Do you have someone you can trust as a nominee?
[Section 9: The Ideal Structure Based on Your Goals]
| Your Situation | Recommended Structure |
|---|---|
| F-1 Student | Foreign Entity or Nominee |
| B-2 Visitor | Do NOT operate anything |
| E-2 Visa Holder | U.S. LLC (aligned with visa plan) |
| Digital Nomad | Foreign Entity preferred |
| No ITIN | Nominee or Foreign Entity |
| Long-Term U.S. Plan | Start with LLC + ITIN |
[Section 10: Final Thoughts – Set It Right from the Start]
Setting up your business the right way doesn’t just protect your visa — it makes your income real, scalable, and stress-free.
Don’t rely on luck or loopholes. Build with structure.
The sooner you start, the sooner you’ll have a business that works — legally — no matter where you are in the world.