Yes, a non-US resident can open an LLC in the USA. You do not need US citizenship, a US residence, or a Social Security Number to form one. People from outside the US start LLCs every year to sell to US customers, run an online store, hold a US business, or work with US partners. The process is mostly the same as for a US resident, with three extra steps that trip most foreign founders up: getting a registered agent with a US address, getting a tax number from the IRS, and opening a US business bank account.
This guide walks through those steps in order, with the tax filings you cannot skip and the mistakes that cost foreign owners the most money.
What you need before you file
You need four things before you submit anything to a state.
First, a business name that is free in the state you choose. Most states let you search names online for free, and the name must include LLC, L.L.C., or Limited Liability Company at the end. Second, a state to form in. You can form in any state, even if you never visit it. Wyoming and Delaware are popular with foreign owners because their filing fees are clear and their rules are well known, but the best state is often the one where your customers, warehouse, or partners are. Our guide to the cost of starting an LLC in every state shows how much state filing fees alone can vary, so do not pick a state on price alone. Third, a registered agent. Every US LLC must have a registered agent with a physical address in its state, someone who can receive legal mail during business hours. As a foreign owner you cannot use your home address abroad for this, so most non-US founders hire a registered agent service. It usually costs around $100 to $300 a year. Fourth, a plan for who owns the LLC and how it will be run. If you are the only owner, it will be a single-member LLC. If there are two or more owners, it will be a multi-member LLC, and you should put the ownership shares, profit split, and decision rules in an operating agreement, even if your state does not require one in writing. Banks and payment processors often ask to see it.
Step by step: forming the LLC from abroad
Step 1: Pick your state and name, then check the name is available on the state business registry.
Step 2: Hire your registered agent and use their address as the LLC mailing address for state filings.
Step 3: File Articles of Organization with the Secretary of State. This is normally an online form asking for the LLC name, registered agent, business purpose, and member names. Filing fees range from about $50 to $500 depending on the state, and approval usually takes a few days to a few weeks.
Step 4: Get an operating agreement signed by all members, and keep a copy with your business records.
Step 5: Apply for an Employer Identification Number, or EIN, from the IRS. This is the step where foreign owners get stuck, so it is covered in detail below.
Step 6: Open a US business bank account, if you can, and keep business money fully separate from personal money. Our guide to opening a business bank account for your LLC covers the documents banks usually ask for.
Step 7: Set up your bookkeeping from day one, so income, expenses, and tax filings are easy to track. Our LLC bookkeeping basics guide covers a simple system that works for a one-person business.
Getting an EIN without a Social Security Number
An EIN is the tax number the IRS gives a business. You need one to open most US bank accounts, hire staff, and file US tax returns. You do not need a Social Security Number to get one, but you cannot use the fast online EIN application, because that form requires an SSN or ITIN for the person applying.
If you have an ITIN, an Individual Taxpayer Identification Number, you can apply online with that number. If you do not have an ITIN, you apply by fax, mail, or phone using IRS Form SS-4, and you write “Foreign” in the SSN field. International applicants with no US residence, place of business, or office can also call the IRS at +1 267-941-1099, Monday to Friday, 6:00 a.m. to 11:00 p.m. Eastern time, and receive the EIN during the call. Processing by fax generally takes about four business days, and by mail about four weeks, so start this step early and do not wait until you need the bank account.
Some foreign owners get an ITIN first by filing Form W-7 with the IRS, often together with their first US tax return. An ITIN is only a tax processing number, it does not give you the right to work in the US and it is not a visa. If a service offers to sell you an EIN in a day with no IRS form, be careful, because the EIN must be issued by the IRS in your LLC name.
Opening a US business bank account from abroad
This is the hardest step for many foreign owners. Traditional US banks often ask the owner to visit a branch in person with a passport, and some will not open an account for a foreign-owned LLC at all. That does not mean it is impossible, it means you should plan for it.
Options that work for many foreign owners include visiting the US once to open the account in person, using a bank that accepts remote onboarding for foreign-owned businesses, or using a US-based fintech business account that accepts foreign owners with a passport and proof of address. Whichever route you take, expect to show your passport, your LLC formation documents, your EIN letter from the IRS, and your operating agreement. A US business bank account makes it far easier to receive payments from US customers and to pay US suppliers, and it also protects your liability shield by keeping business money separate.
If you cannot open a US account right away, do not run business money through a personal account abroad. Use a business account in your home country for now, keep clean records, and keep trying for a US account, because mixed money is one of the fastest ways to weaken the protection an LLC gives you.
US taxes for a foreign-owned LLC: what you must file
Tax is where foreign owners face the biggest penalties, so read this part twice.
A normal LLC is taxed as a pass-through business, which means profit flows to the owners and is taxed on their returns. For a foreign-owned single-member LLC, the IRS treats the LLC as a disregarded entity for income tax, but it still requires special reporting. A foreign-owned single-member LLC must file Form 5472 with a pro forma Form 1120 every year, even if the business had no income that year. The penalty for missing Form 5472 can be $25,000, so this is not a form to skip or file late.
If the LLC has US-source income, or if it is taxed as a partnership or corporation, other returns may apply, and you may also need to file a personal US return, Form 1040-NR, for income connected to a US business. State tax is separate: some states charge an annual fee or franchise tax even when the business made no money, and a few states require a state return even for a foreign owner with no state income.
This is general information, not tax advice for your country. Your home country may also tax the LLC profit, and a tax treaty between your country and the US may change how income is treated. Before you take money out of the LLC, talk to a US tax professional who works with foreign-owned businesses, and keep records of every sale, expense, and transfer.
Common mistakes foreign owners make
The first mistake is thinking an LLC gives you a visa or the right to live and work in the US. It does not. Forming an LLC is a business step, not an immigration step. Running the business from abroad is fine, but working physically inside the US needs the right visa, which is a separate process.
The second mistake is using a home address abroad as the business address on state or bank forms. Use your registered agent address for state mail, and give banks the address they ask for, with proof, rather than guessing.
The third mistake is skipping the annual report. Most states require an annual or biennial report and a fee to keep the LLC active. Miss it, and the state can dissolve the LLC, which can freeze your bank account and your business name.
The fourth mistake is ignoring Form 5472. Many foreign owners file nothing because the business made no profit in its first year, and then face a penalty that is larger than the business income. Put the filing deadline in your calendar the day the LLC is formed.
Frequently asked questions
Do I need a Social Security Number to open an LLC in the USA?
No. You need a registered agent and a state filing, and then an EIN or ITIN for tax and banking. The SSN is only needed for the fast online EIN form, and foreign owners apply by fax or mail with Form SS-4 instead.
Can I open a US bank account for my LLC without visiting the USA?
Sometimes, yes, through banks or fintech providers that accept remote onboarding for foreign owners, but many traditional banks still ask for an in-person visit with a passport. Check the bank rules before you form, and have your EIN letter and operating agreement ready.
Does forming an LLC let me live or work in the USA?
No. An LLC does not grant a visa, a work permit, or residency. It only creates a US business entity. Immigration status is decided separately by US immigration authorities.
Which state is best for a non-US resident LLC?
There is no single best state. Wyoming and Delaware are common choices for their clear rules, but the right state depends on where your customers are, what tax and fees that state charges, and where your registered agent is based.
Do I pay US tax if I live outside the USA?
You may do, depending on whether the LLC has US-source income and how it is taxed. A foreign-owned single-member LLC must file Form 5472 with a pro forma Form 1120 each year even with no income, and other returns may apply, so get US tax advice before your first filing deadline.
Final word
A non-US resident can open an LLC in the USA with no citizenship, residence, or Social Security Number, but the steps after formation matter more than the filing itself. Pick a state on facts, not hype, hire a registered agent, get your EIN early through the fax or mail route, work hard on the bank account, and never miss Form 5472 or your state annual report. Get those five things right, and a foreign-owned LLC can be a clean, legal way to do business with US customers from anywhere in the world.
Disclaimer: This post is for general information only and is not legal, tax, or immigration advice. LLC rules, fees, and tax forms vary by state and change over time. Talk to a licensed attorney, tax professional, or immigration adviser about your situation before you form an LLC or file a return.
