Can I Start a US LLC Without a Visa?
(The Legal Truth)
You don't need a Green Card or H1-B Visa to own a US company. Here's the difference between "owning" a business and "working" in the US.
🚨 Legal Disclaimer
We are not immigration attorneys. This article is for informational purposes regarding business formation laws, not immigration advice. For visa-related questions, please consult a qualified immigration lawyer. The information here is based on US business formation regulations as of November 2025.
1. The Short Answer: YES ✅
Any person, from any country, can open a US LLC
There are zero citizenship or residency requirements to become a Member (owner) of a Limited Liability Company in the United States.
Whether you're in Argentina, India, Nigeria, or anywhere else on Earth, US law allows you to form and own an LLC. This is one of the reasons why the United States is the most popular destination for international entrepreneurs.
The Law Behind It
Under US state laws (particularly in business-friendly states like Wyoming, Delaware, and New Mexico), there is no requirement for LLC members to:
- Be US citizens
- Have a Social Security Number (SSN)
- Hold a green card or any visa
- Live in the United States
- Ever set foot in the US
The Common Myth
❌ Myth: "I need to be a US resident to open a business."
✅ Reality: You're confusing tax residency with legal right to operate. They are completely different things. You can own a US company without being a US tax resident.
🎯 Key Takeaway
Owning a US LLC is 100% legal for non-residents. The restrictions only apply if you want to physically work inside the United States—which we'll explain next.
2. The Golden Rule: Ownership vs. Employment ⚖️
This is the most critical distinction you need to understand to avoid immigration problems. Let's break it down with crystal clarity.
Ownership (Allowed Without Visa)
You are an investor/owner
- Own 100% of the shares – Your name on the Operating Agreement
- Make strategic decisions – Approve budgets, partnerships, branding
- Receive profit distributions – Take money out as an owner, not employee
- Sign contracts – Execute agreements on behalf of the LLC
- Hire employees – Your LLC can employ US workers
- Manage remotely – Run operations from your home country
Employment (Requires Work Visa)
You are a worker/employee
- Physical labor in the US – Packing boxes in a Miami warehouse
- Daily operations on US soil – Managing the business from a Florida Airbnb for 3 months
- Receiving a W-2 salary – Being on payroll as an employee
- Working in a US office – Coding from a WeWork in San Francisco
- Serving customers in-person – Working a retail counter or restaurant
- Providing services inside the US – Consulting gigs performed on American soil
🏆 The Golden Rule
You can work FOR your LLC, as long as you do it FROM OUTSIDE the United States.
Example: You're a graphic designer in Colombia. Your Wyoming LLC has a client in Texas. You design the logo from your home office in Bogotá and invoice your LLC for $2,000. ✅ Totally legal.
Why This Matters for Immigration
US Customs and Border Protection (CBP) cares about one thing: Are you entering the US to perform work?
- If you own an LLC but manage it from abroad → No problem
- If you enter on a tourist visa and start "working" daily from US soil → Visa violation
3. Real-World Examples: How Non-Residents Run US LLCs
Let's look at three real scenarios to make this concrete.
María – E-commerce Store Owner
Location: Buenos Aires, Argentina
Business: Shopify store selling handmade jewelry
What She Does:
- Owns a Wyoming LLC (Registered Agent: Northwest)
- Processes payments through Stripe (connected to Mercury bank account)
- Ships products via third-party fulfillment center in USA
- Manages ads, customer service, and inventory from Buenos Aires
- Has never visited the United States
Carlos – Software Consultant
Location: Guadalajara, Mexico
Business: Web development agency
What He Does:
- Owns a Delaware LLC with US clients
- Works from Mexico, invoices his LLC for development services
- His LLC pays him as an independent contractor (1099)
- Visits US twice a year on tourist visa for client meetings
- Hired a US-based virtual assistant (W-2 employee)
Ahmed – Amazon FBA Seller
Location: Dubai, UAE
Business: Private label products on Amazon
What He Does:
- Owns a Wyoming LLC for Amazon Seller Central
- Sources products from China, ships to Amazon FBA warehouses
- Manages listings, PPC ads, and analytics from Dubai
- Never visits the US (Amazon handles fulfillment)
- Withdrew $150k in profit distributions last year
🎯 What These Examples Show
None of these entrepreneurs hold US visas. They own US companies, operate bank accounts, generate revenue, and pay taxes—all from abroad. This is the norm for thousands of international business owners.
4. What Can I Do While Visiting the US? (B1/B2 Visa) ✈️
Many non-residents have tourist visas and worry: "If I own an LLC, will I have problems at the border?" Let's clarify what you can and cannot do.
✅ Allowed Activities (Business Visitor)
These are permissible under a B1/B2 tourist visa:
-
Attend meetings with clients or partners
Negotiate contracts, discuss strategy
-
Sign legal documents
Operating Agreement, bank forms, leases
-
Attend conferences, trade shows, or expos
Network, scout suppliers, learn industry trends
-
Negotiate sales or partnerships
Close deals, meet distributors
-
Interview and hire employees
Conduct in-person job interviews
-
Open a business bank account
Visit Mercury, Chase, or BOA branch
❌ Prohibited Activities (Labor)
These require a work visa:
-
Receiving a daily salary (W-2 payroll)
Being paid as an employee of your LLC
-
Managing the business day-to-day from US soil
Working 8 hours/day from an Airbnb for months
-
Performing physical labor
Packing orders, cleaning, construction work
-
Providing services to customers in-person
Consulting sessions, coaching, retail sales
-
Working remotely from the US for extended periods
Grey area – avoid this to be safe
🛂 CBP Officer Tip
When entering the US, if asked about your business, say: "I'm visiting for business meetings" or "I'm here to attend [conference name]." Don't volunteer that you "work for" your LLC—frame it as ownership, not employment.
Checking emails or managing ads for a few hours during a 2-week vacation is generally overlooked. But working full-time remotely from the US on a tourist visa for months is risky—CBP considers this "unauthorized employment."
5. How Do I Pay Myself Without a "Work Visa"? 💸
This is the million-dollar question: "If I can't work, how do I get paid?" Let's break down the two legal methods.
Method 1: Owner's Draw (Profit Distributions)
You are paid as an owner, not an employee
How It Works:
- Your LLC generates revenue (e.g., $10,000/month)
- After expenses, you have $7,000 in profit
- You transfer $5,000 to your personal account as a distribution
- This is not a salary—it's your share of profits
Your Wyoming LLC made $50k profit this year. You withdraw $40k to your personal Mercury account. This is a distribution, not wages. No W-2, no payroll taxes in the US.
- No payroll taxes (Social Security, Medicare)
- Simple accounting
- Legal for non-residents
Method 2: Invoice Your LLC (Contractor)
You provide services from abroad
How It Works:
- You perform work for your LLC (design, coding, consulting)
- You create an invoice: "Freelance services rendered from [Your Country]"
- Your LLC pays you as an independent contractor (1099)
- The work must be done outside the United States
You're a web developer in Brazil. Your Delaware LLC has a client who paid $5,000. You invoice your LLC for "Web Development Services (performed in São Paulo)" for $3,000. Your LLC pays you via international wire.
- Keeps personal and business finances separate
- Creates clear expense records for the LLC
- Common for service-based businesses
Which Method Should I Use?
| Scenario | Best Method | Why |
|---|---|---|
| E-commerce / Amazon FBA | Owner's Draw | You're not "working"—just taking profits |
| Freelance / Consulting | Contractor Invoicing | Clearly separates your labor from LLC revenue |
| Software / SaaS | Owner's Draw | Passive income model |
| Agency with employees | Contractor Invoicing | You're providing services just like employees |
🎯 Bottom Line
You're not an employee of your LLC. You're either an owner taking distributions or a contractor providing services from abroad. Both are legal without a US work visa.
6. Does Owning an LLC Get Me a Visa? (E-2 Pathway) 🛂
Let's address the elephant in the room: "If I start an LLC, can I move to the US?"
The Hard Truth
No. Opening a $100 Wyoming LLC does not automatically grant you the right to live or work in the United States. There is no "LLC visa."
However, if your business grows significantly, you may qualify for an E-2 Investor Visa in the future. Let's break down this pathway.
What is the E-2 Visa?
The E-2 Treaty Investor Visa allows nationals of treaty countries to live and work in the US if they:
- Invest a substantial amount of capital in a US business
- Own at least 50% of the company
- Actively develop and direct the business
- Create jobs for US workers (preferred, but not always required)
Capital Investment
Typical range: $50,000 - $100,000+
The exact amount depends on the business type. A retail store needs more than an online business. USCIS wants to see "substantial" investment relative to the business cost.
Treaty Country
Your country must have an E-2 treaty with the US
Eligible countries include: Mexico, Colombia, Argentina, Chile, Spain, Italy, Germany, France, UK, Japan, South Korea, Philippines, Thailand, and 70+ others.
NOT eligible: Brazil, China, India, Russia, Vietnam.
Active Business
Must be operational and generating revenue
You can't just register an LLC and apply—you need proof of business activity (invoices, contracts, expenses, bank statements showing revenue).
Director Role
You must actively manage the business
Passive investments don't qualify. You need to show you're directing operations, making strategic decisions, and essential to the business.
The Realistic Timeline
Form Your LLC
Register in Wyoming/Delaware, get EIN, open bank account. Total cost: ~$500-$1,000. Operate remotely from your home country.
Grow Your Business
Generate consistent revenue ($50k-$100k+/year). Build a client base, hire contractors or employees, establish business operations with documented history.
Inject Capital
Invest $50k-$100k+ into the business (equipment, inventory, office lease, marketing, employees). Document everything with receipts and bank records.
Apply for E-2 Visa
Hire an immigration attorney ($3k-$10k). Prepare business plan, financial statements, proof of investment. Attend embassy interview. If approved, you can move to the US!
🚀 Why This Matters
Starting your LLC today plants the seed for potential US residency tomorrow. Thousands of entrepreneurs follow this exact path:
- Start small ($100 LLC formation)
- Grow the business remotely over 2-3 years
- Reinvest profits to reach $50k-$100k capital
- Apply for E-2 visa and relocate legally
Don't let the lack of a visa stop you from starting. Build the business first, visa later.
7. Summary Table: What You Can & Can't Do ✅❌
Let's consolidate everything into one clear reference table.
| Activity | From Your Home Country | While Visiting US (Tourist Visa) | With E-2 Visa |
|---|---|---|---|
| Open LLC | ✅ Yes | ✅ Yes | ✅ Yes |
| Open Bank Account | ✅ Yes | ✅ Yes | ✅ Yes |
| Sign Contracts | ✅ Yes | ✅ Yes | ✅ Yes |
| Receive Profit Distributions | ✅ Yes | ✅ Yes | ✅ Yes |
| Hire US Employees | ✅ Yes | ✅ Yes | ✅ Yes |
| Manage Website/Social Media | ✅ Yes | ⚠️ Grey Area | ✅ Yes |
| Attend Business Meetings | N/A | ✅ Yes | ✅ Yes |
| Work Full-Time from US Soil | N/A | ❌ NO (Illegal) | ✅ Yes |
| Receive W-2 Salary in US | ❌ NO | ❌ NO | ✅ Yes |
| Physical Labor in US | N/A | ❌ NO (Illegal) | ✅ Yes |
📝 Key Takeaway: As a non-resident operating from your home country, you have almost all the same rights as a US resident when it comes to owning and managing an LLC. The only restriction is physical work inside the United States—which requires a visa.
8. Frequently Asked Questions (FAQ)
Can I open a US LLC without a visa or green card?
Yes! Any person from any country can open a US LLC without a visa, green card, or US residency. There are no citizenship restrictions for LLC ownership. You only need a visa if you plan to physically work inside the United States.
What's the difference between owning and working for my LLC?
Ownership (allowed without visa): You can own 100% of the company, make strategic decisions, and receive profit distributions.
Employment (requires visa): You cannot perform physical labor or day-to-day operations while physically present in the US. You can work for your LLC remotely from your home country.
Can I visit the US on a tourist visa if I own an LLC?
Yes! With a B1/B2 tourist visa, you can attend meetings, sign contracts, attend conferences, and negotiate deals. You cannot receive a daily salary or manage the business full-time from inside the US.
How do I pay myself without a work visa?
You have two options:
- Owner's Draw: Receive profit distributions (not a salary). No W-2, no payroll taxes.
- Contractor Invoice: If you work for your LLC from your home country, invoice the LLC for services rendered as an independent contractor (1099).
Both methods are legal for non-residents.
Does owning an LLC help me get a US visa?
Not automatically. However, if your LLC grows and you invest substantial capital ($50k-$100k+) and your country has a treaty with the US, you may qualify for an E-2 investor visa in the future. This allows you to live and work in the US while running your business.
Can I hire myself as a contractor to my LLC?
Yes! As long as you perform the work from outside the United States. For example, if you're a developer in India and your LLC has clients in California, you can invoice your LLC for "Development services performed in Mumbai." Your LLC pays you as a 1099 contractor.
Will CBP (Border Patrol) deny me entry for owning an LLC?
No. Owning a US company is legal for non-residents. CBP only cares if you're entering the US to work (perform labor). If you're visiting for meetings or tourism, there's no issue. Just don't say "I'm here to work for my company"—say "I'm here for business meetings" or "attending a conference."
What if my LLC makes $500k/year but I never visit the US?
Perfectly legal! Thousands of non-residents run highly profitable US LLCs without ever setting foot in America. As long as you're managing operations from abroad and not performing labor inside the US, there's no problem.
Can I use my LLC for an E-2 visa later?
Yes! Many entrepreneurs start with a basic LLC, grow it over 2-3 years, invest $50k-$100k+ in capital, and then apply for an E-2 visa. This is a common pathway. The key is to document all investments, revenue, and business activity.
Do I need a lawyer to open an LLC as a non-resident?
No. The process is straightforward—you can use a service like Northwest Registered Agent ($39 + state fees) to handle everything. You'll need an EIN (free from the IRS) and a bank account (Mercury or Wise work for non-residents). Total cost: ~$300-$500.
Don't Let Bureaucracy Stop You 🚀
You have the passport. You have the idea. The United States allows you to start.
Thousands of non-residents are already running successful US LLCs from Argentina, Mexico, India, Philippines, Colombia, and everywhere in between. You don't need permission—you just need to take action.
✨ Most LLCs are formed in 24-48 hours. No SSN required. No visa required. Just your passport and $100-$300.
Continue Your LLC Journey
Now that you understand the legal basics, here's what comes next:
Get Your EIN
Apply for an Employer Identification Number (EIN) from the IRS—required for banking and taxes. No SSN needed.
Read EIN Guide →Open a US Bank Account
Mercury and Wise accept non-residents. Get a US business address to satisfy banking requirements.
Get Business Address →Understand US Taxes
Learn about Form 5472, tax treaties, and whether you'll owe US income tax as a non-resident owner.
Read Tax Guide →