Form a US LLC as a non-resident: 2026 step-by-step guide

Can you form a US LLC as a non-resident? Yes — without living in the United States, without a visa and without ever setting foot there. The state filing, the federal tax ID and, in most cases, the bank account are all handled 100% remotely.

This guide walks you through the seven steps in order. Then it covers what many founders only discover later: the yearly obligations, and what an LLC really costs.

What an LLC is — and why non-residents choose it

An LLC, or limited liability company, is the simplest type of US company: a legal entity separate from you, owned by one or more members.

Non-residents choose it for four reasons:

Limited liability. In principle, the company’s debts are the company’s, not yours.
Simplicity. One person can form it, own it and run it, entirely from abroad.
Credibility. US clients and platforms deal with a structure they know, with a US address and paperwork in English.
Dollar payments. With an EIN and a US bank account, it can connect Stripe, PayPal or Amazon.

Just as important is what an LLC is not. It is not a tax shield at home: you remain taxable where you live, under your country’s rules. And it is not a visa: it gives you no right to live or work in the United States. Some visas, such as the E-2 treaty investor visa, can involve a company, but that is a separate process, with an immigration lawyer.

This guide is general information, not tax or legal advice. Whenever an answer depends on your own situation, we say so.

Step 1 — Choose your state

As a non-resident, you have no “home” state, and you don’t need one. What matters is yearly cost, privacy, reputation and any real ties you have to a state.

For most non-residents, our default recommendation is Wyoming: the best balance of cost, privacy, reputation and simplicity. New Mexico is the cheapest to keep. Delaware mainly suits startups raising venture capital, which usually need a C-Corporation rather than an LLC. Florida and Texas make sense when your business has a real connection there.

The details are in our state-by-state comparison and our states overview.

Step 2 — Choose your LLC’s name

The name is registered with the state, so it follows the state’s rules:

It must be distinguishable from the names of businesses already registered in that state.
It must end with “LLC” or “Limited Liability Company”: “Atlas Digital LLC”, for example.
Restricted words such as “Bank” or “Insurance” suggest a regulated activity and can’t be used freely.

Check that the matching domain name is free, too: some banks ask for a website when you apply for an account.

Step 3 — Appoint a registered agent and get a US address

Every LLC must have a registered agent in its state of formation: a physical address in that state that receives official and legal mail. Since you don’t live there, a provider plays that role for you. Our packages include the first year.

A US business address is a separate question: some banks refuse addresses that belong only to a registered agent, or that are purely virtual. Worth knowing before step 7.

Step 4 — File the Articles of Organization

Your LLC legally exists once the state accepts its Articles of Organization, called a Certificate of Formation in Delaware. The one-off state fee ranges from $50 in New Mexico to $300 in Texas.

What becomes public depends on the state. In Wyoming, members’ names are not part of the public formation filing, and New Mexico doesn’t require them in the public record. In Florida, members or managers appear in public records.

LLCUSA files with the state within 48 business hours of your order, or 24 with express processing. The state then takes from the same day to a few business days (each state page shows its typical processing time). Until we file, you can still cancel and get your money back.

Step 5 — Sign an Operating Agreement

The Operating Agreement is your LLC’s internal rulebook: who owns what, how the company is managed, and what happens if a member leaves or the business is sold. It isn’t filed with the state, so it is easy to overlook.

Don’t. Banks and payment providers ask for it, even when you are the LLC’s only member.

Step 6 — Get your EIN

The EIN (Employer Identification Number) is your LLC’s federal tax ID, issued free of charge by the IRS from Form SS-4. You need it to open a bank account, connect Stripe, PayPal or Amazon, and invoice.

The catch: without a US Social Security number (SSN) or an ITIN, the online application isn’t available. Non-residents apply by fax, mail or phone instead, and the number can take from a few days to several weeks. You don’t need an ITIN, and our packages handle the application.

Keep the IRS confirmation letter (CP 575, or letter 147C) safe: your bank will ask for it.

Step 7 — Open a bank account and start getting paid

For non-resident LLCs, the common options are US online banks and fintechs designed for small businesses, and multi-currency business accounts with US account details. Traditional big banks often require an in-person visit in the US.

Approval is always the bank’s decision: eligibility depends on your country of residence, nationality and activity, and policies change often. Nobody can honestly promise you an account — us included. Once it is open, you can connect Stripe, PayPal or Amazon. Our US bank account guide covers the options, the documents and the common reasons for refusal.

After formation: your yearly obligations

An LLC is not something you set up and forget. Every year brings a few obligations — none complicated, all important.

The state, depending on where you formed:

Wyoming: an annual report due on the first day of your formation anniversary month, with a license tax of $60 minimum.
New Mexico: no annual report and no annual state fee.
Delaware: a $300 annual LLC tax, due June 1.
Florida: a $138.75 annual report, due between January 1 and May 1, with a $400 late fee after May 1.
Texas: an annual report (Public Information Report or Ownership Information Report) due by May 15, but no franchise tax below a revenue threshold of several million dollars.

The IRS. A single-member LLC with a foreign owner must file Form 5472 with a pro forma Form 1120 every year, by April 15 (extendable to October 15). Late, incomplete or missing, it can cost $25,000 per form, per year — see our Form 5472 guide. A multi-member LLC files Form 1065 and issues K-1s instead, a return best handled with a tax professional.

The registered agent. It is renewed every year; our packages include the first.

Your home country. You remain taxable where you live. How your country treats the LLC’s profits depends on its rules and on the facts, and you may also have to declare the US bank account. Have it reviewed by a local tax adviser, ideally before you form.

One thing you no longer have to do. Since a FinCEN interim final rule of March 2025, companies formed in the United States are exempt from beneficial ownership information (BOI) reporting. These rules have changed several times, and we monitor them.

How much it really costs

State fees below are what each state charges at the time of writing (October 2026), in US dollars. They can change, so check the latest figures on our state pages.

Item	Once	Every year
Wyoming state fees	$100	Annual report, license tax from $60
New Mexico state fees	$50	None
Delaware state fees	$110	$300 annual LLC tax
Florida state fees	$125	$138.75 annual report
Texas state fees	$300	Annual report; no tax below the revenue threshold
Registered agent	First year included in our packages	Yearly renewal
EIN	Free from the IRS	—
Form 5472 + pro forma 1120	—	Your time, or a professional’s
Our package	Formation with the state fee, EIN and first year of registered agent: see our pricing	Registered agent renewal, plus any add-on you choose

Over a few years, the right-hand column is the one that matters: $0 a year in New Mexico, $300 in Delaware.

FAQ

Do I need to travel to the US to form my LLC?

No. Formation, EIN and registered agent are all handled remotely, and the common banking options for non-resident LLCs open online. The exception: traditional big banks, which often require an in-person visit.

Do I need an SSN or an ITIN?

No. Non-residents get the EIN by fax, mail or phone instead of online. An ITIN is only useful in some cases, such as a personal US tax return or certain payment providers; we offer it as an add-on.

Can I be the only member?

Yes. By default, the IRS treats a single-member LLC as a “disregarded entity”, meaning tax transparent, with Form 5472 and a pro forma Form 1120 to file every year. With partners, the LLC is taxed as a partnership by default and files Form 1065.

How long does it take?

About 10 minutes to order online, 24 to 48 business hours for us to file, then from the same day to a few business days for the state to approve. The EIN follows within a few days to several weeks, then comes the bank account.