Depending on your business goals, you may choose to form your company in the United States. For example, while your company may be incorporated in your home country, you will want to form in the U.S. as well to attract American investors. One of the first decisions an attorney can help you make is what form to choose. Most foreign businesses choose to form as LLCs or incorporate as C-Corps. Non-U.S. citizens may not purchase shares in S-Corps as their business income is reported on personal U.S. income tax returns, making other forms preferable for foreign founders.
You will also need to choose in what state you would like to form your company. Formation takes place at the state level and legal requirements vary across states. You will furthermore need to register your business in each state in which you operate through a process called foreign qualification. However, if you do not have a physical presence in the U.S., you may simply choose to form in Delaware. An attorney can guide you in selecting the best state and form for your business, as well as help you structure your U.S. operations to be the parent company of an overseas entity if desired.