How to Start an LLC in the U.S. as a Non-Resident (Without Losing Your Mind or Money)

When Ana, a designer in Spain, closed her biggest U.S. client yet, she celebrated. But the next morning, PayPal froze her account.

Why?
No U.S. LLC. No EIN. No valid business presence.

Ana, like thousands of non-resident entrepreneurs, discovered that doing business with the U.S. requires more than talent. You need the right structure.

This guide is your no-nonsense blueprint to start an LLC in the U.S. as a non-resident—without making the costly mistakes most founders regret later.

How to Open an LLC in the US as a Foreigner

Starting a business in the United States offers countless opportunities, even for those who don’t reside within its borders. If you’re a non-resident wondering how to open an LLC in the US as a foreigner, the process might be easier than you think.

Why Consider a US LLC as a Foreigner?

Forming an LLC in the US can provide you with a wide range of benefits, such as limited liability, credibility with American clients, and access to the largest consumer market in the world. Many foreign entrepreneurs choose to launch their business in the US because of its favorable legal and economic environment.

Who Can Form a US LLC?

There are no citizenship or residency requirements to form an LLC in the United States. This means that foreigners are fully allowed to create and own LLCs in the country. You can be the sole owner or partner with others, regardless of where you live.

Common Industries for Foreign-Owned LLCs

• E-commerce
• Consulting services
• Software development
• Import/export businesses

If you’re involved in any of these sectors, forming a US LLC can be a strategic move. Get expert help to ensure your company is set up correctly from the start.

Steps to Open an LLC in the US as a Foreigner

1. Choose a state to register your LLC (e.g., Delaware, Wyoming, Florida).
2. Select a name for your LLC that complies with the state’s naming rules.
3. Appoint a registered agent with a physical address in the chosen state.
4. File Articles of Organization with the Secretary of State.
5. Obtain an EIN (Employer Identification Number) from the IRS.
6. Open a US business bank account.

Each of these steps has legal and procedural nuances. Working with an experienced advisor can simplify the process. Book a consultation to avoid delays and costly mistakes.

How to Get an EIN Without an SSN

Foreigners can obtain an EIN even if they don’t have a Social Security Number (SSN). The IRS allows non-residents to apply by submitting Form SS-4 via fax or mail. This step is critical for tax filing and opening a bank account. Schedule a session to handle your EIN application smoothly.

Tax Implications for Foreign-Owned LLCs

The IRS treats foreign-owned single-member LLCs as disregarded entities for tax purposes. This means the LLC’s income is generally reported on the owner’s tax return. However, compliance can be complex, and it’s essential to file forms like 5472 and 1120 annually.

Failing to comply with US tax regulations can result in severe penalties. It’s recommended to work with a CPA familiar with international business structures.

Step-by-Step Breakdown with Strategic Insights

Step 1: Choose the Right State for Your LLC

Every U.S. state is different. But not every state is friendly to you.

Wyoming: Asset protection, low fees, no state income tax.

Delaware: Legal precedent and startup reputation.

New Mexico: Full anonymity, minimal maintenance.

Florida: Friendly to LatAm founders, strong banking.

Step 2: Name Your Business Like a Brand, Not a Bureaucracy

Your LLC name must be unique. But it should also rank on Google.

Use tools like Google Trends or Bing Keyword Planner to:

• Choose names with search volume
• Include your niche (e.g., “Amazon FBA Experts LLC”)
• Secure the .com domain if possible

Step 3: Appoint a Registered Agent (Don’t DIY This)

You legally need one. But more than that, your registered agent is your legal backbone.

• Must have a U.S. address
• Accepts legal/tax mail
• Acts as your interface with the state

Step 4: File Articles of Organization

This is where you become real in the eyes of the U.S.
You’ll file online (or by mail) and pay a fee based on the state.

Processing time?

• 1–3 days (with expedited service)
• Up to 3 weeks normally

🎯 Want this done fast? Schedule a call

Step 5: Get Your EIN Without a U.S. Address or SSN

No SSN? No problem.

Here’s how you get your EIN for foreigners:

1. Fill IRS Form SS-4
2. Fax or mail it
3. Include a U.S. address via your agent
4. Wait 4–6 weeks, or expedite with a CPA

Think of your EIN as your business passport. No EIN = no bank, no Stripe, no compliance.

Step 6: Open a U.S. Business Bank Account Without Leaving Home

Can you really open a U.S. bank account without SSN or travel?

✅ Yes. Options like Mercury, Relay, Wise are tailored for international founders.

• Provide LLC docs + EIN

• Some ask for passport verification

• Get ACH, wire, debit card, and integrations

Don’t fall into shady providers. Use legit fintechs with strong compliance.

Step 7: Understand Your Taxes (Before the IRS Does)

“Do I owe taxes if I don’t live in the U.S.?”

If your LLC has no U.S.-connected income (ECI), you may owe $0.
But you must still file Form 5472 + Pro Forma 1120 if it’s foreign-owned.

🧠 Pro tip: FBAR applies if you have over $10K in foreign bank accounts linked to the LLC.

💼 Need a plan? Let’s talk taxes

Step 8: Maintain Your LLC Like a Pro

Non-compliance = IRS pain.

• File your Annual Report (varies by state)

• Renew registered agent yearly

• File tax forms, even if you owe $0

Mark your calendar. Better yet, automate it with professionals.

Final Thoughts

Learning how to open an LLC in the US as a foreigner can be your gateway to global business success. With the right guidance and understanding of legal requirements, launching your American company is entirely achievable.

You don’t need to be a U.S. citizen to leverage the U.S. system.

You need clarity, the right structure, and someone who’s done this a hundred times.

You bring the vision. We’ll bring the map.

👉 Book your free strategy call now
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