Starting a business in the United States as a foreign entrepreneur is not only possible — it’s also easier than you might think. Thanks to online filing systems and business-friendly regulations, forming a US-based LLC as a foreigner can be done remotely in just a few steps. But you must follow the correct legal process to avoid delays, rejections, or tax issues down the road.
This guide breaks down how to form an LLC in the US online, even if you live outside the country and don’t have a visa or Social Security Number.
Can a Foreigner Legally Form an LLC in the U.S.?
Yes, non-US residents can form and own 100% of a U.S.-based LLC. You do not need to be a U.S. citizen or have a Green Card. There are no federal restrictions preventing foreigners from owning or managing an LLC in most states.
However, you must comply with:
- State-level LLC filing requirements
- Federal tax laws for non-resident business owners
- U.S. banking and payment regulations
Step 1: Choose the Right State
The first step is choosing a state that allows remote LLC formation and is friendly to foreign founders. The most popular states for non-residents are:
- Delaware – Most flexible and internationally recognized
- Wyoming – Low fees, strong privacy protections
- Florida – Large market, no state income tax
- New Mexico – Offers anonymity and low annual fees
💡 Pro Tip: You do not need to form the LLC in the state where your customers are located unless you have a physical office or employees there.
Step 2: Pick a Unique LLC Name
You’ll need to choose an available LLC name that follows your state’s naming rules. Most states allow you to search name availability online.
Example tools:
Step 3: Appoint a Registered Agent
Since you’re not in the U.S., you’ll need a registered agent with a physical address in the state where you form your LLC. This agent will receive legal documents and government notices on your behalf.
You can hire a professional registered agent service (costs ~$50–$150/year).
Step 4: File Your LLC Formation Documents Online
Now you’re ready to file the Articles of Organization (also called Certificate of Formation or Certificate of Organization, depending on the state). Most states let you file this online through the Secretary of State’s website.
For example:
Expect to pay a filing fee between $50–$300.
Step 5: Get an EIN (Employer Identification Number)
The EIN is like a Social Security Number for your business — you need it to open a U.S. bank account, pay taxes, and hire employees.
Foreigners can apply for an EIN by submitting Form SS-4 to the IRS:
- You can do this by fax or mail (online applications require a U.S. Social Security Number)
- Learn more on the IRS EIN page for international applicants
Step 6: Open a U.S. Business Bank Account
You’ll need a U.S. business bank account to accept payments and manage your finances. This usually requires:
- Your LLC formation documents
- An EIN
- A U.S. mailing address
- Passport or foreign ID
Some fintech platforms like Mercury, Wise, or Relay offer remote account setup for foreign founders with U.S. LLCs.
Step 7: Stay Compliant
Once your LLC is active, you must:
- File annual reports or franchise taxes depending on your state
- Keep proper financial records and invoices
- File federal and possibly state tax returns, even if you owe no tax
Consult a tax advisor familiar with non-resident LLC taxation to ensure full compliance with IRS rules.
Final Thought
Forming a U.S.-based LLC online as a foreigner is 100% possible—and increasingly common. With the right guidance and a few online tools, you can establish a legally compliant business from anywhere in the world.
Whether you’re a digital entrepreneur, software developer, or international freelancer, a U.S. LLC can help you access global markets, U.S. customers, and the world’s strongest business infrastructure.
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