Publication date: 14.04.2025
My name is Sirenko Mykola Serhiyovych, I am a lawyer from Kyiv. My key areas of work are international corporate law, fintech, and legal support for businesses in the EU and Asia.
Client: A company specializing in the manufacturing and installation of vertical wind tunnels
Region: Kyiv
Goal: Business expansion and development of new products
Client Request
On March 4, 2024, we were contacted by a company specializing in the production and installation of vertical wind tunnels and related components. The client was planning to expand production, but after serious discussions decided to relocate the business to the United States. The goal was not only to move production facilities but also to legalize the business and its staff in the U.S.
The client learned about the possibility of receiving U.S. government funding for the purchase of necessary equipment from abroad, which became the main reason for reaching out. We provided all the necessary information regarding the funding program, its conditions, and the obligations related to the relocation and future business operations.
Work Stages
- 10.03.2024 — Contract Signing and Start of Work.
After several negotiation stages and clarifications, the client signed a service agreement with our company. Along with the contract, we provided a questionnaire that allowed us to begin developing a detailed relocation plan. Simultaneously, the client started preparing a package of documents required by the bank to apply for funding and support during the relocation process.
- 14.03.2024 — Questionnaire Received and Relocation Plan Development Began.
The client submitted the completed questionnaire, and we began working on a detailed relocation plan that included all key stages of the process — from preparing documents to launching new operations in the U.S. Meanwhile, the company prepared all necessary supporting documents (contracts, reports, etc.), which would be submitted to the bank after the first stage was completed.
- 20.03.2024 — Tax Opinion and Business Consultation.
At the third stage, we prepared a detailed legal tax opinion for the client regarding the U.S. tax burden. Considering several business scenarios, we reviewed different options: purchasing components for new wind tunnels from Europe or China, and transporting existing equipment from Ukraine. The opinion included tax rates in the U.S., customs procedures, and other important business-related aspects.
We also advised on legalization options for the company founders and staff. We recommended two suitable U.S. visa programs for business owners and their employees: the E-2 visa (for investors) and the EB-5 visa (for investors making significant contributions to the U.S. economy and creating jobs).
- Relocation Pros and Cons Analysis.
After analyzing all options and assessing economic and legal aspects, the client decided to continue operating and developing their business in Ukraine. This decision was based on several factors, including high relocation costs, the complexity of integration into a new environment, and the lack of guarantees for a quick return on investment.
Result: Following a detailed analysis and consultations, we helped the client make an informed decision about future operations. Although the relocation was not finalized, our support in planning and preparing for a potential business move to the U.S. greatly facilitated the decision-making process. All legal and financial matters were resolved at the planning stage, helping avoid unnecessary future costs.
If you're considering relocating your business to the U.S. or another country and want to learn more about the legal, tax, and practical aspects — contact us. We’ll help you make the right decision, provide legal consultations, and offer effective solutions for your business.
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