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Do I need to be a US citizen or green card holder to form a corporation in Delaware?

US citizenship or residence is not required to form a Delaware C corporation. Immigration status has no bearing on ownership interest in a C corporation, so startup founders from foreign countries can form a Delaware C corporation and own the C corporation’s stock. However, US citizenship is required if you want to form an S corporation and be the owner.

This does not mean that a C corporation’s foreign founder can be its employee without proper immigration status. If you plan to work for a US C corporation and are not a US citizen or green card holder, you need a work authorization or visa.

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