Legal Question in International Law in California

What do my business partner and I need to market and provide management consulting and traning services to US clients?

My partner and I who have been providing professional services to Canadian companies (based on a book he has authored) for some time. However, now we are exploring an opportunity in the US (CA, specifically). Can we enter on the premise of marketing our services, and then to deliver those same services just with our passport? Do we need to incorporate a entity in the US?

Is there much we need to change in our engagement letter/short contract or our more lengthy master services agreement? I'm not sure of much in this realm, other than I know I'm uninformed.

Should I should be asking this of a US or Canadian based lawyer?

Regards,

Gordon


Asked on 8/18/09, 6:19 pm

2 Answers from Attorneys

Nora Milner Milner & Markee, LLP

Your question involves many different legal issues, not the least of which is that in order to enter the US to conduct any business and receive income from that business, you must be on a valid nonimmigrant visa which entitles you to do this. Normally, you will need to form a business entity and then determine how much it can be capitalized and what will need to be done in order to not only obtain the visa but also to ensure the success of the enterprise. This type of transaction will normally involve many steps which include meeting with an immigration attorney and business attorney and proceeding with a business plan, etc. This is not the kind of enterprise that one should try to do alone. It is urged that you contact competent immigration counsel and from there work to determine the feasibility of your program.

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Answered on 8/18/09, 6:33 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Assuming that you are Canadian citizens, there are a number of avenues that will enable you to carry on business in the U.S. There are a number of non-immigrant visas that will work for you, e.g., B-1, TN, E, L, but you may also be eligible for permanent residency as investors. Your questions are essentially in the realm of business immigration, and you need to consult a U.S. immigration attorney in California. The type of business entity will vary depending on your visa and business objectives.

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Answered on 8/18/09, 6:41 pm


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