Texas is known as the Lone Star State. It is one of America’s most populous states. Nearly 25 million people are living in Texas. They account for 8% of the total US population. The capital of Texas is Austin which houses over 60,000 residents with a population density of 3,800 people per square mile (1,538/square kilometer). The largest city in Texas is Houston, followed by San Antonio and Dallas/Fort Worth.
Healthcare has become an important industry in Texas due to the large number of medical school graduates that are produced every year. Some of the top healthcare employers are UT Southwestern Medical Center at Dallas, Parkland Health & Hospital System, University of Texas Medical Branch at Galveston, and the Texas A&M Health Science Center College of Medicine.
The United States has a long tradition of staying open to immigrants who want to start new businesses and contribute to society. As an immigrant, you can do just that by choosing to move your business or family to the Lone Star State. There are many benefits to moving your business or family into Texas: low cost of living, less expensive than other states, lack of state income tax (although you would still pay federal income taxes), access to affordable education for your children, and rich history and culture which attracts people from all over the nation. Let’s begin with how you can move your family into this great state!
If You Are Immigrating With Family Into Texas
The first step to immigrating with family into Texas is to obtain legal permanent resident status. If you are already a legal permanent resident, then you can skip ahead to the next section.
To obtain green card status you must be sponsored by your US citizen spouse or US citizen parent if you are under 21 years of age. Your sponsor can file an immigrant petition on Form I-130 for you and your children at the same time. If the petition is approved, it will go into a pending status until an immigrant visa number becomes available for you. This may take several years depending on the type of sponsorship and country of origin (see www.travel.state.gov). Once there is a visa number available, your spouse or parent will be required to apply for Form I-485 for you.
If you are receiving a green card through employment, then your employer must file an immigrant petition on Form I-140 for you. You can find out if there is a visa number available by visiting the Department of Labor Foreign Labor Certification Data Center Online Wage Library and searching under job classification and state where labor is being performed. Or visit www.immigrationdirect.com/current_states_and_territories to see which states have visas numbers available at this time and how much it will cost to apply (includes the filing fee and attorney’s fees). Once there is a visa number available, your employer will be required to file a Form I-485 for you.
If You Are Immigrating With Your Business Into Texas
The first step to immigrating with your business into Texas is to choose the appropriate legal form of business entity for your new business. If you are moving a corporation, LLC, or partnership, then it must be registered in the state where the business will operate. To register any other type of legal entity besides those listed above can require special licensing that might not be required by states other than Texas. For instance, if you are bringing along an out-of-state partnership without any employees located within the United States at the time of filing, then you do not need to file an EIN (form SS4) because this particular type of partnership does not have to file a federal tax return. However, partnerships with employees located within the United States must file form SS-4 for each employee.
If you are not registered in the state where you are originally from, then register your new business or LLC in Texas by filing an Application For Registration of Name Reservation and/or Fictitious Name Texas Corporation Or Limited Partnership Form 304E with the Secretary of State. You can also file online at www.sosonlinerecordsmanager7.com. The fee is $50 per year if filed by mail or paid by phone; there is no fee if filed online.
Next, file an Application For Registration of Authority to Act As Agent Granted to Domestic Entity Form B-101A with the Secretary of State. The fee is $5 per year if filed by mail or paid by phone; there is no fee if filed online. This filing will allow your local business owner’s license or occupational tax on gross receipts for active businesses to be transferred to you without penalty. If your new Texas business will not be required to obtain a business license then you do not need this form and should move on to the next step of getting licensed in Texas.
To get a business license for your new Texas corporation, LLC, partnership, or other legal entity except for an S Corporation you can license it online at sos.state.tx.us/pls/htmldb_3/htmdocframe_453716.PIF. The fee is $2 per year if filed online; otherwise, the fee is $5.75 by mail or phone. Although licenses might not be required in every state, you should check to see if one will be needed in Texas.
If you are transferring an existing out-of-state LLC into Texas and all members of the LLC are owners of your existing business located outside of Texas, then you will need to file articles of organization in Texas by filing a Foreign Limited Liability Company Application For Registration Form 304A with the Secretary of State. The fee is $1,000 per year if filed by mail or paid by phone; otherwise, the fee is $1,590 if filed online at sos.state.tx.us/corp/forms/generalInfoFiling.shtml. Remember that this does not include filing fees for documents such as deeds and mortgages which may also be required to transfer a home into a new name in Texas.
Finally, when transferring an out-of-state corporation into this state, you should file a Certificate Of No Merger With Dissolution By Conversion With Consent For Continuance In TX TX form SPC962 with the Secretary of State. The fee is $25 per year if filed by mail or paid by phone; otherwise, it is no fee if filed online.
For more information, you may ask or consult with Houston immigration lawyers.