Comment by mahesh_gkumar

A foreign worker can form an LLC in the US. You can also sponsor an H1B visa for a founder IF you can satisfy the employee employer relationship criteria (more http://www.uscis.gov/sites/default/files/USCIS/Laws/Memorand... or google) but basically it means the founder can't hire himself. There needs to be a board in place which can hire/fire the person in question.