US LLC Registration for Non-Residents: The Full Process
Almost everything written about forming an LLC is written for Americans, and the two steps that are trivial for them are the two that are hard for you. Nobody with an SSN has ever had to think about the EIN. Nobody living in Ohio has wondered whether a bank will take them. This page is about those two steps, and about the annual filing that only applies because the owner is foreign.
US LLC registration for non-residents: the short answer
There is no citizenship or residency requirement to own a US LLC. No visa, no green card, no SSN, no US address you live at, and no need to set foot in the country.
Four steps, in this order, because each depends on the one before:
- Form the LLC in a state, with a registered agent there.
- Get the EIN from the IRS — the company's tax number.
- Open the US bank account, which needs both of the above.
- File Form 5472 every year, including years with no revenue.
Two to three months end to end is realistic. Step two is what eats the time and step three is what carries the uncertainty.
LLC formation for non US residents: what actually differs
Three things, and only three. The rest of the process is identical to what an American does.
The EIN cannot be applied for online. The IRS web form validates an SSN or ITIN before it will submit, so it is closed to you. You use paper instead, which turns a ten-minute task into a multi-week one.
Banks underwrite you differently. A US resident walks into a branch with a driver's licence. You are a remote applicant with a foreign address, assessed by a risk team rather than a teller, and different providers reach different conclusions about identical applicants.
You owe a filing Americans do not. Form 5472 exists specifically because the owner is foreign. It catches people out every year, and it is the expensive one.
Everything else — the state filing, the registered agent, the operating agreement — works the same way it does for anyone.
US LLC formation for non residents, step by step
Pick the state. This matters less than the internet suggests. It has no effect on your US federal tax position and none at all on the annual filing. What it changes is the yearly fee, how public your details are, and how familiar the state looks to a bank. Wyoming is the sensible default for a remote, non-resident-owned LLC with no US fundraising plans; Delaware earns its cost only if US venture capital is a real near-term plan. The full comparison is in the best state for a non-resident LLC.
Appoint a registered agent. A company with a physical address in that state that receives legal mail for you. Every state requires one; it is why you do not need a US address. Roughly $50 to $150 a year, forever.
File the Articles of Organization. Approved in a day to a couple of weeks depending on the state.
Write an operating agreement. Most states do not require one for a single-member LLC. Banks ask for it anyway, so treat it as required.
Then the EIN, then the bank — both below.
The EIN without an SSN
The EIN is the company's tax ID and no bank will open an account without it.
You file paper Form SS-4, and on the line asking for the responsible party's taxpayer identification number you write “Foreign”. It goes by fax to the IRS international fax number printed in the SS-4 instructions.
By fax, typically one to four weeks. By post, two months or more. The LLC must already be state-approved, because the SS-4 asks about the entity.
You do not need an ITIN first. This trips up a lot of people who are told to get an ITIN before anything else. You do not need one to form the LLC and you do not need one for the EIN. An ITIN becomes relevant later — a personal US tax return, or a card issuer asking for a taxpayer ID on a personal-guarantee application. Full detail in getting an EIN without an SSN.
US company formation for non residents with a bank account
The bank account is not part of forming the company, and it is worth being clear about that, because a lot of packages are sold as though it were.
The LLC and the EIN are filings. Submit them correctly and you get them. The bank account is an application — a private company decides whether to take you, and no provider can promise the outcome. Anyone guaranteeing you a US bank account is either misdescribing what they do or relying on you not noticing the difference.
What can be done is stacking the odds: the right state, clean and consistent documents, a real business address and phone number, a clear description of what the business does, and more than one provider lined up so a decline is a detour rather than a dead end.
Remote-friendly providers that work with non-resident-owned LLCs include Mercury, Wise Business and Relay. Each has its own risk policy — separate from official sanctions programs, which are law rather than commercial choice — and both of those change, which is why we do not publish a country list that would be stale within a month.
What US company formation for non residents costs
Year one, unavoidable: the state filing fee (varies by state, typically under a few hundred dollars) plus the registered agent at roughly $50 to $150.
Every year after: the registered agent again, the state annual report where the state requires one, and US federal tax preparation. That last one is the cost people forget — and an accountant in your own country generally will not file it, because it is a US federal return.
Free: the EIN. Services charging $150 to $300 to “get your EIN” are charging you to fax a form.
Everything above those numbers is service, which is a fair thing to pay for on the EIN and banking steps. It should still be itemised. A single figure with no breakdown hides either the margin or the scope.
Form 5472: the filing that only applies to you
A foreign-owned single-member US LLC must file Form 5472 together with a pro-forma Form 1120, every year. It is a reporting requirement rather than a tax bill, and it applies even when the LLC earned nothing at all.
The penalty for missing it or filing late is $25,000 per violation. Your choice of state makes no difference to it. People who let a dormant LLC lapse without filing have been caught by exactly this.
Whether you owe actual US income tax is a separate question, and it turns on whether the business is engaged in a trade or business in the United States — a specific test, not a matter of where your customers happen to be. See do non-resident LLC owners pay US tax? and Form 5472 for foreign-owned LLCs.
Your own country has a second half to this
Forming the company is the American half. Sending money out of your own country to fund it, and declaring what you earn through it, is governed where you live — and that half is the one guides skip.
Most countries tax residents on worldwide income, and many regulate outward investment. Profit earned through a US LLC does not become invisible because the company is registered in Wyoming.
We have written the country-specific version for founders in India and founders in Pakistan. Wherever you are, have the conversation with a local tax professional in parallel with the US setup, not after it.
Frequently Asked Questions
Can a non-resident register a US LLC without visiting the US?
Yes. Every step is remote: the state filing, the EIN and the bank application. There is no citizenship or residency requirement, no visa involved, and no in-person step. You need a registered agent with a physical address in your chosen state, which is a service you buy rather than somewhere you live.
Do I need an ITIN before forming an LLC?
No, and this is one of the most common pieces of bad advice. You can form the LLC and obtain the EIN without an ITIN and without a US visa. An ITIN becomes relevant later, if you need to file a personal US tax return or a card issuer asks for a taxpayer ID on a personal-guarantee application.
How long does US LLC registration for non-residents take?
Two to three months end to end is realistic. The state approves the LLC in a day to a couple of weeks. The EIN is the slow step: paper Form SS-4 by fax typically takes one to four weeks, and by post two months or more. The bank application can only begin once the EIN exists.
Can anyone guarantee me a US bank account?
No. The LLC and the EIN are filings, which you get by submitting them correctly. A bank account is an application, and a private company decides. A provider can improve your odds with the right state, consistent documents and more than one option lined up, but a guarantee is not something anyone is in a position to give.
Does owning a US LLC give me any immigration status?
No. A US LLC is not a visa, does not lead to one, and confers no right to live or work in the United States. Any provider implying otherwise is selling something it cannot deliver.
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