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mikemleo
Jan 2, 2008, 02:08 PM
Hi All,

I need to open an S-Corp. I am on an EAD (resident alien) and waiting for my Green Card to become permanent resident. Just wanted to know what is the criteria for the shareholders of an S-Corp. I am getting conflicting answers which says that only US-Citizens can open and be the shareholders of an S-Corp. Is this correct?

More information on the process of opening an S-Corp will be welcomed. I want to incorporate the company in state of Texas

Thanks
--Mike

AtlantaTaxExpert
Jan 3, 2008, 08:22 AM
In my opinion, that is NOT correct.

The S-corporation option IS available to resident aliens on H-1B visas as long as they do NOT work for the corporation. This, however, is REALLY a LEGAL question that should be posted on the LAW forum.

Contact the Texas Department of State about the incorporation process.