How to Form a US LLC as a Non-Resident

You can form a US LLC without living in the US, visiting it or having a Social Security number. The steps are: choose a state, pick a name, appoint a registered agent, file the formation papers, get an EIN from the IRS, open a business bank account, and keep up with yearly filings. Here is each step in plain words.

1. Choose a state

An LLC is formed under the law of one state. If you will not have an office or staff in the US, many non-residents choose a state for its fees, yearly requirements and privacy. Wyoming, Delaware and New Mexico are common choices. If you will operate in a specific state, for example with a warehouse or employees there, you may need to register in that state anyway, so tell your formation provider your plans.

2. Pick a name

The name must be available in your chosen state and end with 'LLC' or a similar word. Have two or three ideas ready in case your first choice is taken.

3. Appoint a registered agent

Every state requires a registered agent: a person or company with a physical address in that state who receives official mail and legal papers for your LLC. Non-residents use a registered agent service.

4. File the formation papers

The formation document, often called Articles of Organization, is filed with the state, usually the Secretary of State. The state charges a filing fee, which varies by state. Once approved, your LLC exists. It is good practice to also sign an operating agreement, which sets out who owns and runs the company.

5. Get an EIN without an SSN

An EIN (Employer Identification Number) is your LLC's US tax ID. You need it for a bank account and for payment tools. The IRS does not charge for it. Applicants without an SSN or ITIN cannot use the online form, so they apply with Form SS-4 by fax or mail, or by phone on the IRS international line.

6. Open a bank account and set up payments

Many traditional US banks ask you to visit a branch. Some banks and financial technology companies open accounts for non-resident owners online, using your formation papers, EIN and passport. With a US LLC, EIN and bank account, you can usually set up US payment tools such as Stripe.

7. Stay filed every year

• State: many states require an annual report or fee to keep the LLC active.
• IRS: a single-member LLC owned by a non-US person generally files Form 5472 with a pro forma Form 1120 every year, even with no income. The penalty for not filing is $25,000.
• Registered agent: the service renews each year.

At the time of writing, LLCs formed in the US are exempt from FinCEN's beneficial ownership (BOI) reporting under a March 2025 rule. Rules like this change, so check the current position each year.

Do I need an ITIN?

Not to form an LLC or to get an EIN. An ITIN is a personal US tax number for people who cannot get an SSN. Some banks, payment providers and tax situations ask for one, so many founders apply for it after forming their LLC. The IRS usually takes several weeks to issue it.

How long does it take with us?

With Certified Ad Partner, a US LLC is usually formed in 2 to 3 weeks from the day we have your documents. The EIN usually takes about 2 weeks. We submit your ITIN application within 1 week, and the IRS usually takes 8 to 12 weeks to issue it. The first year of registered agent service is included.

Questions people ask