You can form a US LLC for non-residents entirely online: you don’t need US citizenship, a visa, a Social Security Number or a trip to America. You pick a state (usually New Mexico or Wyoming), appoint a registered agent, file Articles of Organization, then get an EIN from the IRS so you can open a US bank account and accept payments. After that, a few yearly filings keep the company in good standing.
Free tool: see your next Form 5472 deadline, which years are late and your penalty risk in 30 seconds with our Form 5472 deadline and penalty checker.
This guide is written for founders in the Middle East, North Africa, Turkey, South Asia and Africa. It covers every step in order, the documents you need, realistic timelines, the yearly rules most people miss, and the scams to avoid.
Why founders outside the US form a US LLC
For many international entrepreneurs, the problem isn’t the product. It’s the infrastructure. Payment processors, marketplaces and US clients usually work far more smoothly with a US company.
- Payment access: with a US bank account, you can apply to Stripe, PayPal Business and Amazon as a US business.
- Credibility: US clients are used to paying US companies.
- Limited liability: business debts are generally kept separate from your personal assets.
- Simple structure: a single-member LLC has no board and light paperwork.
- Possible tax efficiency: many foreign-owned single-member LLCs owe no US federal income tax (see the caveats below).
How to start a US LLC as a non-resident: step by step
Here is the full process in the order it happens. Each step depends on the one before it.
- Choose your state (New Mexico or Wyoming for most non-residents).
- Choose and check your company name.
- Appoint a registered agent in that state.
- File the Articles of Organization with the Secretary of State.
- Sign an Operating Agreement.
- Get an EIN from the IRS without an SSN.
- Set up a US address and open a bank account.
- Connect Stripe and PayPal.
- Stay compliant every year.
Step 1: Choose your state
You don’t have to form your LLC in the state where you sell. For a US LLC for non-residents with no US office, the usual choice is New Mexico or Wyoming, because both are inexpensive, keep owner names off public records and accept owners from anywhere. Delaware suits venture-funded startups but costs more every year and is rarely needed for a small online business.
New Mexico vs Wyoming for a US LLC for non-residents
| Feature | New Mexico | Wyoming |
|---|---|---|
| State filing fee to form | $50 | About $100 |
| Annual report | None required | Required every year |
| Yearly state cost | $0 (you still pay your registered agent) | $60 minimum annual report fee, plus your registered agent |
| Owner names on public filings | Not required | Not required |
| State income tax | Exists, but generally relevant only with real business activity in New Mexico | None |
| Best for | Lowest running cost, minimal paperwork | A well-known name with banks and investors |
If you want the lowest yearly cost and no annual report, New Mexico is hard to beat. If you prefer Wyoming’s reputation and don’t mind a small yearly filing, Wyoming is a solid choice. Our New Mexico vs Wyoming LLC comparison goes deeper, and our guide to US LLC costs for non-residents shows the full first-year and yearly numbers.
Step 2: Choose your LLC name
The name must be unique in your state and end with “LLC”, “L.L.C.” or “Limited Liability Company”. Search the state’s business database, and check that a matching domain is free before you file, because renaming later means another state filing. Avoid restricted words like “Bank” or “Insurance” and names that copy a known brand.
Step 3: Appoint a registered agent
Every LLC needs a registered agent: a person or company with a physical street address in the formation state who receives official mail and legal notices. A P.O. box is not allowed, and as a non-resident you’ll use a professional service. Our guide to registered agents for non-residents explains what to look for.
Step 4: File the Articles of Organization
This is the document that creates your company. It’s filed with the Secretary of State (for example the New Mexico Secretary of State) and lists the LLC name, registered agent and organizer. Neither New Mexico nor Wyoming requires the owners’ names on it. You can file it yourself on the state’s website, or have a formation service such as LLC Station file it for you.
State approval usually takes around 5 to 7 business days, depending on the state’s workload. Once approved, your LLC legally exists.
Step 5: Sign an Operating Agreement
The Operating Agreement sets out who owns the LLC, how it’s managed and what happens if a member leaves. It isn’t filed with the state, but banks and payment processors often ask for it as proof of ownership. Sign one even if you’re the only member.
Step 6: Get an EIN without an SSN
Every US LLC for non-residents needs an Employer Identification Number (EIN), the company’s federal tax ID. You need it to open a bank account, apply to Stripe and file your yearly IRS forms. Non-residents can get one without an SSN or ITIN by submitting IRS Form SS-4, usually by fax. The online EIN application is generally only for applicants who have an SSN or ITIN.
How long it takes depends entirely on the IRS, and processing times change through the year, so nobody can honestly promise a fixed number of days. See our step-by-step guide to getting an EIN without an SSN. If you’re wondering whether you also need a personal tax number, read ITIN vs EIN for non-residents. For most founders, the EIN alone is enough.
Step 7: US address and bank account
Banks want to see a US business address. A registered agent address often isn’t accepted as your business address, and some banks reject well-known virtual mailbox addresses. If you’ve been turned down, our article on LLC bank accounts rejected over the address explains the fixes.
The most common choices for non-resident founders are online options such as Mercury and Wise Business, which you can usually open remotely once you have your Articles, EIN and Operating Agreement.
Be realistic: which bank accepts you depends on where you live, not just on your LLC. Banks check the country of residence of the owners and anyone who controls the account. Mercury, for example, publishes a list of countries whose residents it cannot serve. At the time of writing it includes Iraq, Lebanon, Libya, Palestine, Sudan, Syria and Yemen, as well as Pakistan, Bangladesh and Nigeria, among others, and it changes over time. Check the bank’s current eligibility page before applying, and never use a VPN or false address to get around it. That is the fastest way to get an account frozen.
Step 8: Connect Stripe and PayPal
With a US LLC, EIN, US bank account and US business address, you can apply for Stripe and PayPal Business as a US company. Expect identity checks, and make sure your website clearly shows what you sell, your prices, a refund policy and contact details. Approval is never guaranteed. Our guide to opening a Stripe account as a non-resident walks through the application.
Step 9: Stay compliant every year
This is where many owners of a US LLC for non-residents get into trouble, usually because nobody told them the rules.
- Form 5472 with a pro forma Form 1120, every year. A single-member LLC owned by a foreign person must file IRS Form 5472 attached to a pro forma Form 1120, even with zero income. The usual deadline is April 15 for calendar-year companies, and the penalty for not filing starts at $25,000. See our guide to Form 5472 for foreign-owned LLCs.
- Wyoming annual report: due every year in your LLC’s anniversary month, with a $60 minimum fee. Missing it can lead to dissolution.
- New Mexico: no annual report is required for LLCs.
- Registered agent renewal: keep your agent active in either state.
- BOI reporting: since March 2025, LLCs formed in the United States are exempt from FinCEN’s Beneficial Ownership Information reporting.
Documents you need for a US LLC for non-residents
The paperwork is lighter than most people expect. Have these ready:
- A valid passport for each member (a clear colour scan of the photo page).
- Proof of home address, such as a recent utility bill or bank statement in your name.
- Your LLC name, with one or two backups.
- A short description of what the business does.
- Ownership percentages if there is more than one member.
- A working email and phone number.
After formation you’ll have three documents you’ll be asked for again and again: the approved Articles of Organization, your EIN confirmation letter and your signed Operating Agreement. Keep them together.
How long it takes to open an LLC in the USA as a non-resident
- State approval: usually 5 to 7 business days in New Mexico or Wyoming.
- EIN: depends on the IRS. It’s the least predictable part, so don’t plan a launch around a fixed date.
- Bank account: starts after the EIN arrives; review times vary by bank and by your country.
- Stripe and PayPal: once the bank account is open.
The company itself can exist within a week or two. Being ready to take payments takes longer, mostly because of the EIN.
Tax basics for a US LLC for non-residents
This is general information, not tax advice. By default, the IRS treats a single-member LLC owned by a non-resident as a “disregarded entity”. In many cases, if the owner has no US office, employees or agents and no income “effectively connected” with a US trade or business, the LLC owes no US federal income tax. Selling online from your home country often falls into this category, but not always.
US staff or warehouses, US real estate, certain US-source income, or having several members (a multi-member LLC is taxed as a partnership and files Form 1065) can change the picture. And no US tax doesn’t mean no tax at home: many countries tax residents on worldwide income. Check with an accountant in your country before you launch. Our article on non-resident LLC tax covers the US side in detail.
Common mistakes and scams to avoid
Most problems with a US LLC for non-residents come from a handful of avoidable mistakes:
- Skipping Form 5472. “My LLC made no money” is not an excuse; the $25,000 penalty applies regardless of income.
- Renting someone else’s LLC or bank account. It’s often against the bank’s terms, and you have no legal control over your money.
- Lying to the bank about where you live. Banks check IP addresses and documents, and accounts get closed with funds held.
- Cheap headline prices with hidden renewals. Ask for the total first-year cost and the yearly renewal price in writing.
- Providers that keep your documents. Your Articles, EIN letter and Operating Agreement belong to you.
- Fake “compliance” letters. Official-looking mail demanding payment for BOI filings or “certificates of status” is often a scam. Check with the state or IRS directly.
- Mixing personal and business money. It weakens your liability protection and complicates your filings.
Getting started
If you’d rather not handle the filing, registered agent and paperwork yourself, LLC Station forms a US LLC for non-residents in New Mexico from $249, with the state fee included. You can start your LLC here. Either way, the path is the same: form the company, get the EIN, open a bank account that accepts residents of your country, and keep up with the yearly filings.
Frequently asked questions
Can a non-US resident open an LLC in the USA?
Yes. There are no citizenship or residency requirements to own a US LLC. A foreign national living anywhere can form one online in states like New Mexico and Wyoming, using a registered agent for the in-state address.
Do I need to visit the US to form a US LLC for non-residents?
No. Formation, the EIN application and many online bank and payment accounts can all be handled remotely.
Do I need an SSN or ITIN to get an EIN?
No. Non-residents can get an EIN by sending Form SS-4 to the IRS without an SSN or ITIN. Most single-member LLC owners don’t need an ITIN just to form and run the company.
Which state is best for a US LLC for non-residents?
For most online businesses, New Mexico or Wyoming. New Mexico has no annual report or yearly state fee. Wyoming requires an annual report with a $60 minimum fee but is well known with banks.
Will I pay US taxes on my LLC’s income?
Many foreign-owned single-member LLCs with no US office, staff or effectively connected income owe no US federal income tax, but situations differ. You must still file Form 5472 with a pro forma Form 1120 every year, and you may owe tax at home. Check with a qualified accountant.
Can I open a Mercury account from any country?
No. Banks decide eligibility based on where the owners live, and residents of several countries, including some in the Middle East and North Africa, are not currently served. Check the bank’s current list before applying.
How long does it take to set up a US LLC as a non-resident?
State approval usually takes about 5 to 7 business days. The EIN depends on IRS processing times, and bank and Stripe approval come after that.
Do I need to file a BOI report for my LLC?
No. Since March 2025, companies formed in the United States are exempt from FinCEN’s Beneficial Ownership Information reporting. Be wary of anyone charging you to file one.