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Cross-Border

Foreign Direct Investment in the US

A company from abroad has chosen the United States for a new plant, warehouse, or research center. The investment is welcome in most places, but the legal work around the site and the people often takes longer than expected.

Reviewed

01 GUIDE

Foreign Direct Investment in the US: what usually happens

Site, incentives, and permits

States and localities compete for foreign direct investment in the US, and incentive packages can include tax credits, grants, and infrastructure support. These agreements usually come with commitments on jobs or capital spending, and clawback provisions if targets are missed, so the terms deserve as much attention as the headline figure. Environmental, zoning, and building permits depend on the site and the activity, and some can take time to obtain. Buying or leasing land near military installations or certain other sensitive sites can fall within CFIUS jurisdiction even when no business is being acquired. Some states also restrict land purchases by investors connected to particular countries.

People and operations

The U.S. entity will need payroll, benefits, and employment policies that follow federal law and the law of the state where staff work. Managers or technical staff sent from the parent company may need visas, and the options depend on the individual and the company's structure; approval is not automatic. Importing equipment brings customs classification and duty questions, which shift with tariff actions and court rulings, so current rates should be confirmed before budgets are set. Intercompany agreements covering services, licenses, and pricing between the parent and the U.S. company help support the tax position.

Where we begin

We start with the project: its location, size, timing, and the parent's ownership structure. From there we review incentive offers, real estate documents, and the entity structure, and we identify any CFIUS or state law question tied to the site. We coordinate with tax advisers, immigration counsel, and local consultants so the pieces arrive in the right order. Bring any letters of intent with landlords or sellers, incentive proposals from states or economic development agencies, and your target date for starting operations. Where the project involves buying an existing site, we also review its environmental history and title before commitments become binding.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about foreign direct investment in the us and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.