How to Form an LLC in the USA as a Non-Resident

Yes, You Can Form a US LLC Without Living in the US

Non-US residents form US LLCs every day, most commonly to access US payment processors like Stripe, sell on US marketplaces such as Amazon, or build credibility with US clients. You don’t need to be a US citizen, a US resident, or even visit the country to do it. What you do need is a formation state, a registered agent, and — for most practical purposes — an EIN.

Step 1: Choose a Formation State

Any US state will let a non-resident form an LLC there. Delaware, Wyoming, and New Mexico are popular choices among non-resident founders for different reasons — Delaware for its established corporate law and investor familiarity, Wyoming and New Mexico for lower fees and simpler ongoing compliance. There’s no single “best” state; the right choice depends on what you’re using the LLC for.

Step 2: File Your Formation Documents

This is the Articles of Organization (or Certificate of Formation, depending on the state), filed with the state’s Secretary of State office. It typically requires your company name, a registered agent address in that state, and basic ownership information.

Step 3: Get a Registered Agent

Every state requires an LLC to maintain a registered agent with a physical in-state address. Since you don’t have one as a non-resident, you’ll need a registered agent service — this is a standard, inexpensive annual service, not a red flag or unusual requirement.

Step 4: Apply for an EIN

Most banks and payment processors require an EIN before they’ll work with your LLC. Without a US Social Security Number or ITIN, this application has to go by fax or mail rather than the IRS’s online system, which takes longer — plan for several weeks rather than same-day.

Step 5: Open a Business Bank Account

This is often the hardest step for non-residents, since many traditional banks want an in-person visit. A growing number of fintech providers accept remote applications for LLCs with a formed entity and EIN, though requirements and availability change, so it’s worth confirming current options before you rely on a specific provider.

What This Doesn’t Cover

This article is general information, not a substitute for advice specific to your tax situation — particularly around how a US LLC interacts with your home country’s tax obligations, which varies significantly by country and is worth a conversation with a qualified tax professional.