Setting up a company in the United States appeals to a growing number of entrepreneurs based outside the U.S.: freelancers, e-commerce sellers, software publishers, agencies. The LLC (Limited Liability Company) is the most common structure to get started. The good news: you do not need to live in the U.S., hold a visa, or have a Social Security Number. This guide walks through, step by step, how a non-resident forms and runs an LLC — with no tax promises, and a clear note on when to consult a professional.
This guide is not tax or legal advice
The information below is factual and general. The tax treatment of an LLC depends on your country of residence and your personal situation. For any tax question, work with a licensed tax professional in your jurisdiction.
What is an LLC for a non-resident?
An LLC is a limited liability company under U.S. law. It creates a legal separation between your personal assets and the business: if the company incurs debt or faces a dispute, it is the LLC that is liable, not you personally (provided the company is run seriously and kept separate).
For an international entrepreneur, an LLC offers three concrete advantages:
- A globally recognized entity. A U.S. LLC inspires trust with clients, platforms (Stripe, marketplaces) and partners.
- Light administration. A single-member LLC runs without a board or formal meetings.
- Privacy, depending on the state. Some states (Wyoming chief among them) do not publish owners' names in their public records — a legitimate discretion argument, separate from any tax consideration.
In short: the LLC is a simple, credible and flexible legal shell, accessible to a non-resident, that shields your business from your personal assets.
Do you need an SSN or U.S. residency? (no)
This is the most frequent question, and the answer is reassuring: no.
- Residency: you do not need to live in the U.S. or hold a personal address there. A foreign address is enough to be listed as a member.
- Visa: owning an LLC requires no visa. (A visa concerns the right to work or stay in the U.S., not the right to own a company.)
- SSN: the Social Security Number is reserved for U.S. residents and workers. It is not required to form an LLC or to obtain an EIN — the IRS has a dedicated process for people who do not have one (see below).
What you actually need: a valid passport, an address (yours, abroad), a registered agent in your chosen state, and the right process for the EIN.
Which state should you choose for your LLC?
An LLC can be formed in any of the 50 states. For a non-resident with no physical presence in the U.S., three states come up most often. Here is a qualitative comparison (without figures, which change and depend on your package):
For a detailed, criterion-by-criterion comparison, see our dedicated guide Wyoming vs Delaware vs New Mexico. In summary:
- Wyoming is the default choice for many international entrepreneurs: private records, light formalities, a serious image.
- Delaware shines for projects anticipating a fundraise: its corporate law is the investors' reference.
- New Mexico keeps recurring obligations to a minimum (no annual report), at the cost of lower recognition.
To go deeper on Wyoming and the differences between states, see our dedicated page What is a U.S. LLC.
Our default recommendation
For a service, e-commerce or freelance activity with no fundraise planned, Wyoming offers the best balance of privacy, simplicity and credibility.
What does the formation process look like, step by step?
The path is well marked. Here are the main steps to forming an LLC as a non-resident:
- Choose the state and the name. We check the name's availability in the state register, then reserve it.
- Appoint a registered agent. This is a mandatory official address in the state that receives the company's legal mail. Since a non-resident has no local address, this service is essential.
- File the Articles of Organization. The founding document is submitted to the Secretary of State. Once approved, the company legally exists — often within a few days.
- Draft the Operating Agreement. This internal document defines ownership and how the LLC operates. Not public, but essential (notably for banking).
- Obtain the EIN. The federal tax identification number, essential for banking and operations (see the next section).
- Open a bank account. Once the EIN is in hand (see below).
How long in total?
The entity is often registered within a few days (sometimes 24 to 72 hours with an expedited option). Including the EIN, plan for 2 to 4 weeks in practice for a complete, operational file.
For the concrete detail of our step-by-step support, see How it works.
In short: name → registered agent → articles → operating agreement → EIN → bank. The company is born quickly; it is the EIN that paces the overall timeline.
How do you get an EIN without an SSN?
The EIN (Employer Identification Number) is your LLC's federal tax identifier, the equivalent of a company number. It is required to open a bank account, use payment platforms and, where applicable, file returns.
Two scenarios:
- With an SSN or ITIN: the application can be made online and the EIN is issued immediately.
- Without an SSN or ITIN (the non-resident case): you file Form SS-4 with the IRS by fax or mail. The timeline is longer — from a few days by fax to several weeks by mail — but the procedure is fully provided for by the IRS for foreign owners.
Beware of shortcuts
No method "guarantees" an EIN in 24 hours without an SSN. Be wary of promises that sound too good: a poorly completed SS-4 can be rejected and lengthen the timeline. Serious support secures the filing the first time.
Can you open a U.S. bank account?
Yes — and this is often the step that worries people most. The right sequence is clear: you do not open an account before you have the EIN. Once the EIN is obtained:
- Neobanks first. Mercury and Relay regularly open accounts for non-resident-owned LLCs, remotely, based on the company's documents (articles, EIN, operating agreement, passport).
- Payment solutions as a complement. Wise (formerly TransferWise) and Payoneer let you receive and hold multiple currencies, a useful complement to a bank account for an international business.
A practical tip
Prepare a clean, consistent file (same name, address and activity everywhere) before applying. A polished file clearly improves your chances of acceptance — though no opening can ever be guaranteed: each institution remains the sole judge.
In short: EIN first, then Mercury/Relay for the account, with Wise/Payoneer as multi-currency backup. No bank is obligated to accept your file; the quality of your preparation makes the difference.
What are the annual obligations after formation?
Owning an LLC involves recurring obligations, borne by the owner. Ignoring them can lead to penalties, or even administrative dissolution of the company. The main ones:
- Registered agent: must be maintained each year in the state.
- Annual report: an annual filing with the state (depending on the state; New Mexico is exempt), with state fees.
- Federal filings (IRS): an LLC owned by a non-resident may have specific reporting obligations. Their nature depends on your situation and is a matter for a licensed professional.
We cover all of this in the guide The annual obligations of an LLC.
On the tax side
Having reporting obligations says nothing about what you will pay: that depends on your tax residency and your activity. This is precisely a tax professional's territory, not ours.
How much does it cost to form an LLC?
The cost of an LLC is made up of state fees (which vary by state) and the support service. Rather than quoting figures that change, we present clear, all-inclusive packages — formation, registered agent for the first year, EIN support and documents — on our dedicated page.
Discover our all-inclusive packages to form your LLC, with no surprises.
Where to start?
Forming a U.S. LLC as a non-resident is accessible, well marked and fast: no SSN, no visa, no residency. The challenge is not feasibility, but clean execution — choosing the right state, securing the EIN the first time, preparing the account opening well, and keeping up with annual obligations.
If you want to move forward without getting lost in paperwork, tell us about your project: together we will confirm the right state and the right timeline.