How to Form a US LLC as a Non-Resident (2025 Guide)
Launch a US company from anywhere in the world—without an SSN or a US address.
In a hurry? Here is the summary:
- Form LLC: Wyoming or Delaware (via Northwest)
- Get EIN: File Form SS-4 (Wait 15-30 days)
- Open Bank: Apply to Mercury/Wise online
- Start Selling: Connect Stripe US
📋 What You'll Learn in This Guide
Choose Your State
Wyoming vs Delaware vs New Mexico comparison
Registered Agent
Find the best service for non-residents
US Business Address
Virtual mailbox solutions explained
Get EIN Without SSN
Step-by-step SS-4 fax method
Banking & Payments
Mercury, Wise, Stripe, PayPal setup
Taxes & Compliance
Form 5472 and tax obligations
FAQ
10 most common questions answered
Action Plan
Ready to start? Follow these steps
You Don't Need What You Think You Need
There's a common misconception that forming a US company is only for Americans or requires complex immigration processes. This is completely false.
Here's what you DON'T need to start a US LLC as a non-resident:
You DON'T need a US Visa
You DON'T need to live in the USA
You DON'T need a Social Security Number (SSN)
You DON'T need a physical office (a virtual address works)
You DON'T need to travel to the United States
The truth: Whether you are in Mexico, India, Spain, Colombia, Brazil, or anywhere else in the world, the US legal system allows you to own 100% of a US company remotely. This guide explains exactly how.
Thousands of international entrepreneurs form US LLCs every year to:
- Access US payment processors (Stripe, PayPal US accounts)
- Open US business bank accounts with better international tools
- Establish credibility with American clients and customers
- Benefit from business-friendly state laws (privacy, low taxes, strong legal protection)
- Scale e-commerce, SaaS, consulting, or freelancing businesses in the US market
This comprehensive guide walks you through the entire process—from choosing the right state to opening your first US bank account.
Choose the Right State for Your LLC
Here's the best news: You don't have to form your LLC in the state where you "live" because you don't live in the US. This means you can choose the most business-friendly state for your specific needs.
Understanding "Home State" vs "Business-Friendly State"
US residents often form LLCs in their home state to avoid "foreign qualification" complexity. But as a non-resident, you have total freedom to pick any state based on:
- Cost: Formation fees and annual maintenance costs
- Privacy: Whether the state publishes owner names publicly
- Taxes: State income tax rates (or lack thereof)
- Reputation: How banks, investors, and clients perceive the state
The "Big Three" States for Non-Residents
Wyoming
- No state income tax (0%!)
- Strong privacy protection (owners not public record)
- Low annual fees ($60/year report + registered agent)
- Fast formation (1-3 business days)
Ideal for: E-commerce, solopreneurs, consultants, freelancers, digital nomads
Learn More About WyomingDelaware
- World-class business courts (Chancery Court)
- Investor & VC favorite
- Strong corporate law precedent
- No sales tax (if no DE operations)
Ideal for: SaaS startups, tech companies, businesses seeking investment
Learn More About DelawareNew Mexico
- Ultimate privacy (no annual report required!)
- No public disclosure of members
- Low formation fee ($50)
- No state income tax
Ideal for: Maximum anonymity, asset protection, privacy-focused entrepreneurs
Learn More About New MexicoStill deciding? Read our full comparison: Wyoming vs Delaware for Non-Residents
Hire a Registered Agent
Every US state requires LLCs to maintain a Registered Agent—a person or company with a physical address in that state who receives legal documents and official government mail on behalf of your business.
The Problem for Non-Residents
As a non-resident living abroad, you cannot serve as your own registered agent because:
- You don't have a physical address in the state where your LLC is formed
- The agent must be available during business hours (9 AM - 5 PM local time)
- The address must be a real street address (not a P.O. Box)
The Solution: Professional Registered Agent Services
You'll need to hire a professional registered agent service. This is a small annual fee ($100-125/year) that solves a critical requirement.
Critical Feature for Non-Residents:
Choose a registered agent that scans and emails you documents immediately. This is vital when you're in another country and can't receive physical mail quickly.
Recommended Registered Agents for Non-Residents
Northwest Registered Agent
- Immediate document scanning (you get PDFs via email/portal)
- Premium privacy protection (doesn't sell your data)
- Excellent customer service (responds within hours)
- Secure online dashboard
- Available in all 50 states
Why we recommend it: Northwest prioritizes privacy and has the best online document delivery system—crucial when you're managing your LLC from Mexico, Spain, or anywhere internationally.
Get Northwest Registered AgentZenBusiness
- Affordable option
- User-friendly dashboard
- Document scanning included
- Good customer support
Get a US Business Address
It's important to understand the difference between two types of addresses you'll need:
Registered Agent Address vs Business Mailing Address
Registered Agent Address (Legal)
- Where the state government sends official documents
- Must be in the state where LLC is formed
- Provided by your registered agent service
- You're already covered (included in agent fee)
Business Mailing Address (Operational)
- Where customers, vendors, and banks send mail
- Can be anywhere in the US
- Appears on your website, invoices, business cards
- You need to set this up (optional but recommended)
Why You Need a US Mailing Address (Not Your Home Country Address)
Professionalism
US clients and customers trust a US address. Using a foreign address can raise questions or reduce credibility.
Privacy
You don't want to publish your home address in Mexico, Colombia, or Spain on public business documents.
Banking Requirements
Some US banks prefer or require a US business address to open accounts.
Mail Forwarding
You'll receive bank statements, important notices, and occasional physical mail that needs a US destination.
Solution: Virtual Mailbox Services
A virtual mailbox service gives you a real US street address, receives your mail, scans it, and forwards it to you digitally (or physically if needed).
- iPostal1: $10-30/month, 2,000+ US locations
- US Global Mail: $10-50/month, mail scanning + forwarding
- Anytime Mailbox: $5-30/month, budget-friendly
- Traveling Mailbox: $15-50/month, app-based
Need a US Address?
Compare the best virtual mailbox services and learn how to set one up.
Read: How to Get a US Business Address (Complete Guide)Alternative: Some registered agent services (like Northwest) offer mail forwarding as an add-on service, so you can use their address for both legal and operational mail.
Obtain an EIN Without a Social Security Number
This is the biggest pain point for non-residents, but it's 100% solvable. Let's break it down.
What is an EIN?
An EIN (Employer Identification Number) is like a Social Security Number for your business. It's a 9-digit tax ID issued by the IRS (US tax authority).
You Need an EIN For:
- Opening a US business bank account (absolutely required)
- Filing federal tax returns (if applicable)
- Hiring employees or contractors in the US
- Applying for Stripe, PayPal, Amazon Seller accounts
- Building business credit with US suppliers
The Myth: "I Need an SSN to Get an EIN"
The Myth
"You must have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) to apply for an EIN."
The Reality
This is FALSE. Foreign non-residents can get an EIN without an SSN or ITIN using Form SS-4 via fax or mail.
How Non-Residents Get an EIN: The SS-4 Process
The IRS offers three ways to apply for an EIN:
Method 1: Online Application (Doesn't Work for Most Non-Residents)
Limitation: The online system requires the "Responsible Party" to have an SSN or ITIN.
Result: Most non-residents cannot use this method.
Method 2: Fax Form SS-4 (Fastest)
How it works:
- Download Form SS-4 from IRS.gov
- Fill it out completely (no SSN required—write "Foreign" or "N/A")
- Fax it to the IRS at (855) 641-6935 (international fax number)
- Wait 4-7 business days
- The IRS faxes back your EIN letter
Processing time: 4-7 business days
Cost: Free (IRS doesn't charge for EINs, ever)
Method 3: Mail Form SS-4 (Slowest)
How it works:
- Download and complete Form SS-4
- Mail it to: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999, USA
- Wait 4-6 weeks for processing
Processing time: 4-6 weeks
Why slow: International mail delays + manual IRS processing
Important Notes:
- The EIN is FREE. The IRS never charges for it. Beware of scam "EIN services" charging $200+.
- You can only apply for your EIN AFTER your LLC is officially formed (you need the LLC formation date).
- Use an online fax service like HelloFax, eFax, or FaxZero if you don't have a fax machine.
Need Step-by-Step Instructions?
We've created a complete guide with screenshots and a filled-out example.
Read: How to Get an EIN Without SSN (Complete Guide)Open a US Bank Account & Unlock Payment Processors
This is why you're doing all of this. Once you have your LLC and EIN, you can access the US financial ecosystem—which is critical for scaling an online business.
🏦 Banking: Getting a US Business Bank Account
Opening a US bank account as a non-resident used to be nearly impossible. But in 2025, several digital banks (fintechs) have made it much easier.
Best Banks for Non-Resident LLCs (No US Visit Required)
Mercury
- 100% online application
- No US visit required
- No monthly fees
- LLC formation documents
- EIN confirmation letter
- Valid passport
- Proof of address (utility bill)
Approval rate: High for legitimate businesses. Takes 3-7 days.
Learn More About MercuryWise Business
(formerly TransferWise)
- Multi-currency accounts
- Great for international transfers
- Low foreign exchange fees
- LLC documents
- EIN letter
- Passport + proof of address
Perfect for: Receiving payments from US clients and sending money to your home country.
Learn More About WiseRelay Bank
- Online small business banking
- Free checking accounts
- Good for US-based operations
- LLC + EIN documents
- Identity verification
Traditional Banks (Chase, Bank of America, etc.): These typically require an in-person visit to a US branch or a video call with extensive documentation. Possible, but much harder for non-residents.
💳 Payment Processors: Stripe US & PayPal Business
Once you have your US LLC, EIN, and US bank account, you can unlock US versions of payment processors—which have better rates, more features, and faster payouts than international accounts.
Stripe US Account
- US LLC
- EIN
- US business bank account
- US business address
- 2.9% + $0.30 per transaction (vs 3.9% international)
- Instant payouts available
- Access to full Stripe product suite
- Better fraud protection and dispute handling
PayPal Business US Account
- US LLC
- EIN
- US bank account
- Lower fees than personal/international accounts
- Faster withdrawals to US bank
- Access to PayPal Working Capital (loans)
This is the Payoff!
With your US LLC, EIN, bank account, and Stripe/PayPal set up, you now have:
- The ability to accept payments from US customers like a local business
- Lower transaction fees (saving hundreds/thousands per month)
- Access to Amazon Seller Central, Shopify Payments, Etsy, and other platforms requiring US business accounts
- Professional credibility with US clients and partners
Banking Deep Dive
Want detailed comparisons, application walkthroughs, and approval tips?
Read: Best US Banks for Non-Resident LLCsUnderstanding Taxes & Compliance (Stay Legal)
This section isn't meant to scare you, but it's critical you understand your tax obligations. Non-compliance can result in heavy fines.
Federal Taxes (IRS)
Form 5472: The Critical Requirement for Foreign-Owned LLCs
If you are a non-US resident and own 25% or more of a US LLC, you must file Form 5472 annually with the IRS.
What is Form 5472?
Form 5472 is an informational return (not a tax payment). It reports transactions between the LLC and foreign owners.
When is it due?
Due on the 15th day of the 4th month after your LLC's fiscal year ends (usually April 15).
What happens if you don't file?
$25,000+ penalties per year. The IRS takes this seriously.
Do you owe taxes?
It depends. If your LLC:
- Has no US operations (no employees, no office, no physical presence)
- Earns no US-sourced income (e.g., you sell digital products to international customers)
Then you may owe $0 in US federal taxes, but you still MUST file Form 5472.
US-Sourced Income: If your LLC earns income from US clients or customers (e.g., selling on Amazon US, Shopify stores with US sales), you may owe federal taxes. This is complex and depends on your situation.
Single-Member LLC (Disregarded Entity)
By default, a single-member LLC is treated as a "disregarded entity" for tax purposes, meaning:
- The LLC itself doesn't pay taxes
- Income "passes through" to you (the owner)
- You report business income on your personal tax return
- As a non-resident, you file Form 1040-NR (Non-Resident tax return) if you have US-sourced income
Multi-Member LLC (Partnership)
If your LLC has 2+ members, it's taxed as a partnership:
- File Form 1065 (Partnership Return)
- Issue Schedule K-1 to each member showing their share of income
- Each member files Form 1040-NR with their K-1
State Taxes
State tax obligations depend on which state you formed your LLC in:
Wyoming
- No state income tax (0%)
- Annual Report: $60/year (due by filing anniversary)
- No franchise tax
Delaware
- No state income tax (if no DE operations)
- Annual Franchise Tax: $300/year (minimum)
- Annual Report: Included in franchise tax
New Mexico
- No state income tax
- No annual report required (lowest maintenance!)
Tax Treaties
The US has tax treaties with many countries that can reduce or eliminate withholding taxes on certain types of income. Check if your home country has a treaty with the US.
Legal Disclaimer
Always consult with a CPA or international tax advisor who specializes in cross-border taxation. Tax rules are complex and vary based on:
- Your country of residence
- Type of business income
- US operations vs international operations
- Tax treaty benefits
This guide provides general information but should not be considered tax advice.
Tax Deep Dive
We've written detailed guides on the most common tax scenarios for non-residents.
Read: Complete Tax Guide for Non-Resident LLC OwnersFrequently Asked Questions
Can I get a Green Card or US Visa by opening an LLC?
No. Forming an LLC does not grant you any immigration benefits, visas, or path to a Green Card. The LLC is a business entity separate from your personal immigration status. If you want to live/work in the US, you'll need to apply for appropriate visas (E-2, L-1, EB-5, etc.) through separate immigration processes.
How much does it cost to form a US LLC as a non-resident?
First Year Total: $250-550
- State filing fee: $50-500 (varies by state)
- Registered agent: $100-125/year
- EIN: Free
- Virtual mailbox (optional): $120-360/year
Annual Maintenance: $150-450
- Registered agent renewal: $100-125
- Annual report/franchise tax: $0-300 (depends on state)
How long does the entire process take?
Total Timeline: 3-6 weeks
- LLC formation: 1-14 days (state dependent)
- EIN via fax: 4-7 business days
- Bank account approval: 3-7 days
- Stripe/PayPal setup: 1-3 days
With express filing options, you can have everything ready in as little as 2-3 weeks.
Do I need to travel to the US to open my LLC?
No. The entire process can be completed 100% online from anywhere in the world. You don't need to visit the US to form the LLC, get your EIN, or open a business bank account with digital banks like Mercury or Wise.
Which state is best: Wyoming, Delaware, or New Mexico?
Wyoming is best for most non-residents (e-commerce, consulting, freelancing) due to low costs ($150/year total), strong privacy, and simplicity.
Delaware is ideal if you plan to raise venture capital or seek investors. It costs more ($400+/year) but offers world-class business courts and VC credibility.
New Mexico is best for maximum privacy (no annual report, no public disclosure) and costs similar to Wyoming.
Can I run my business entirely outside the US?
Yes. You can form a US LLC and operate it 100% from your home country. Many non-residents use their US LLC to:
- Accept payments via Stripe/PayPal US
- Sell on Amazon, Shopify, Etsy
- Invoice US clients with a US business entity
- Open US bank accounts for better international transfers
As long as you maintain your registered agent and file required tax forms, you can operate globally.
What if I don't have an SSN or ITIN?
You don't need an SSN or ITIN to form an LLC or get an EIN. Use the Form SS-4 fax method (detailed in Step 4) to obtain your EIN without any US tax identification numbers. Write "Foreign" or "N/A" in the SSN field.
Will I pay double taxes (US + my home country)?
It depends on your home country's tax laws and whether a US tax treaty exists.
General rule: If you have no US operations and earn no US-sourced income, you typically owe $0 in US federal taxes (but must file Form 5472). You'll pay taxes in your country of residence based on your personal income.
Many countries have tax treaties with the US to prevent double taxation. Consult a CPA in your home country.
Can I add partners or employees later?
Yes. You can start as a single-member LLC and add members later by amending your Operating Agreement. You can also hire employees or contractors (US-based or international) once your LLC is established. Just make sure to update your EIN application if your entity structure changes (e.g., single-member to multi-member).
What's the difference between an LLC and a Corporation?
LLC (Limited Liability Company):
- Simpler structure and less paperwork
- Pass-through taxation (no double taxation)
- Flexible management
- Ideal for small businesses, freelancers, e-commerce
Corporation (C-Corp or S-Corp):
- More complex structure and compliance requirements
- Can issue stock to investors
- C-Corp has double taxation (corporate + personal)
- Ideal for startups seeking venture capital
For most non-residents, an LLC is simpler and better unless you plan to raise significant investment.
Ready to Start Your US LLC?
🚀 Your Action Plan
Follow these steps to get started today:
Choose Your State
Decide between Wyoming (best value), Delaware (best for startups), or New Mexico (best privacy).
Form Your LLC with Northwest
We recommend Northwest Registered Agent for non-residents—they handle formation + registered agent + document scanning in one package.
Start with Northwest ($225 + state fee)
Alternative (Budget Option): ZenBusiness offers free formation ($0 + state fee)
Get Your EIN via Fax
Once your LLC is approved, immediately apply for your EIN using Form SS-4 (fax method = 4-7 days).
Open Your US Bank Account
Apply to Mercury or Wise Business with your LLC documents and EIN letter.
Start Accepting Payments
Connect Stripe US or PayPal Business and start selling to the US market with lower fees and faster payouts.
📚 Additional Resources for Non-Residents
Wyoming vs Delaware: Which State is Best?
Complete comparison of the two most popular states for non-residents
How to Get an EIN Without SSN (Step-by-Step)
Complete guide with screenshots and filled examples
Mercury Bank Review for Non-Residents
Our experience opening a Mercury account from abroad
Complete Tax Guide for Non-Resident LLC Owners
Form 5472, tax treaties, and compliance explained
Best Registered Agents for Non-Residents
Compare top services with document scanning
Compare All 50 States for LLC Formation
Detailed guides for every US state
Legal Disclaimer
This guide provides general information about forming a US LLC as a non-resident and should not be considered legal, tax, or immigration advice. US laws and regulations change periodically, and tax obligations vary based on your specific situation, country of residence, and business activities.
For specific guidance related to your circumstances, especially regarding international tax obligations, visa requirements, or industry-specific regulations, consult with qualified professionals:
- A US-licensed attorney for legal advice
- A CPA specializing in international tax law for tax planning
- An immigration attorney for visa-related questions
Affiliate Disclosure: GlobalLLCGuide.com may earn commissions from the formation services and financial products recommended in this guide. We only recommend services we trust and believe provide genuine value to non-US residents forming LLCs. Our recommendations are based on thorough research, user feedback, and our own experience working with international entrepreneurs.
Continue Your LLC Journey
Now that you understand how to form a US LLC as a non-resident, take the next step:
Choose Your State
Compare the best states for non-resident LLCs and find the perfect fit for your business.
Get a Registered Agent
Find the best registered agent services for international owners with document scanning and support.
Open Your US Bank
Digital banks that accept non-resident LLC owners without requiring a US visit.