Short answer
Yes — most non-U.S. residents can form and fully own a U.S. LLC. No citizenship, visa, SSN, or U.S. address is required to own one. You need a state filing, a registered agent with a physical address in the formation state, and — if you want U.S. business accounts — an EIN from the IRS. Requirements vary by state and situation.
What you actually need
Strip away the marketing and a compliant foreign-owned LLC needs exactly five things:
- A formation state — where the LLC legally exists; it sets your fees, privacy, and annual duties.
- A unique name ending in “LLC” — checked against state records before filing.
- A registered agent — a physical in-state address; abroad, that means a professional service.
- Filed Articles of Organization — the state document that brings the LLC into existence.
- An EIN — the IRS tax ID that unlocks banking and payments; available without an SSN via fax/mail.
The step-by-step path
- 1
Choose your formation state
Wyoming or New Mexico for most remote founders; Delaware if raising U.S. investment; your operating state if you have physical U.S. operations. This choice sets your fees, privacy, and annual obligations.
- 2
Pick and check your LLC name
It must be unique in the state and include “LLC” or similar. Prepare three choices — first picks are taken more often than founders expect.
- 3
Appoint a registered agent
Required in every state: a physical in-state address available during business hours. Living abroad, you'll use a professional agent service.
- 4
File the Articles of Organization
The state's formation document. For foreign owners, small details matter — management structure, addresses, organizer signatures — and errors mean rejections and lost weeks.
- 5
Sign an operating agreement
Rarely required by the state, almost always required by banks. It documents who owns and controls the company.
- 6
Get your EIN from the IRS
With an SSN/ITIN: online, same day. Without: Form SS-4 by fax or mail, typically 2-8 weeks. The EIN is the key to banking and payment platforms.
- 7
Open banking & stay compliant
Apply to banks/fintechs with your full document set, then track your annual report, registered agent renewal, and Form 5472 deadline every year.
What it costs, realistically
| Item | Typical range | Notes |
|---|---|---|
| State filing fee | $50-$300 | One-time, set by the state (NM $50 → TX $300) |
| Registered agent | $99-$150/yr | Required every year, in every state |
| Formation service | $0-$500 | $0 if DIY; services vary by scope (ours: $149-$499) |
| Annual state costs | $0-$300/yr | NM none · WY $60 · FL $138.75 · DE $300 |
| Tax filings (5472 etc.) | $300-$800/yr | Professional preparation — budget for it from day one |
Five mistakes that stall founders
Choosing a state because a YouTuber did
The right state depends on your operations and goals, not someone else's. A Delaware LLC for a solo freelancer means $300/yr for nothing.
Using inconsistent addresses everywhere
Different addresses on your filing, EIN, and bank application are the classic verification red flag. Decide your address story once, then keep it consistent.
Treating the EIN timeline as instant
Non-resident EINs take weeks via IRS fax processing. Founders who plan a launch around a same-day EIN get stuck; plan the buffer in.
Ignoring Form 5472
The foreign-owned single-member LLC filing with a penalty starting at $25,000. It applies even with zero revenue. Calendar it, and get a tax professional.
Skipping the operating agreement
“The state doesn't require it” — true, until a bank asks for it during onboarding and your application stalls for two weeks while you scramble.
About this guide
Written by the LLCDeck Team, who prepare non-resident formations daily. Last updated July 7, 2026; fee figures reflect current state schedules and IRS procedures at that date. This is general information, not legal or tax advice — rules change and situations differ, so verify against official state and IRS sources or a licensed professional.