Can a Non US Citizen Form an LLC in the United States?

Can a Non-US Citizen Form an LLC

Entrepreneurs worldwide frequently choose to form a limited liability company (LLC) in the United States. However, many non-US nationals are unsure about their eligibility to form an LLC. 

Also, there can be confusion regarding the specific requirements and considerations. This article will explore the legal eligibility for non-US citizens, including the following:

  • state regulations
  • the importance of choosing the right state
  • visa status and management
  • registering an LLC, opening a US bank account, and
  • the advantages of a non-US resident LLC.


Legal Eligibility for Non-US Citizens

The good news is that non-US citizens are generally allowed to form an LLC in the United States. However, you must go through several processes to be eligible to form an LLC.

Usually, an LLC number from a non-US citizen is approved when the requirements are followed with care. Thus, a few legal requirements and considerations need to be considered.

First, let’s briefly define what an LLC is. A Limited Liability Company is a flexible business structure that offers personal liability protection to its owners (referred to as members) while allowing for a simple and straightforward management structure. It combines the limited liability of a corporation with the tax benefits of a partnership or sole proprietorship.


US citizens and non-citizens must obtain an Employer Identification Number (EIN). Anyone can obtain this document from the Internal Revenue Service (IRS) to form an LLC. Non-US citizens who are not eligible for a Social Security Number (SSN) can request an Individual Taxpayer Identification Number (ITIN) from the IRS.

To obtain an EIN (Employer Identification Number) as a non-US citizen:

  1. Determine if you are eligible for an EIN. Non-US citizens with a business presence in the US are generally eligible for an EIN.
  2. Download Form SS-4 from the IRS website or complete the application online.
  3. Provide required information, including your name, business address, and business legal structure.
  4. Then, apply to the IRS by mail, fax, or online.

To obtain an ITIN (Individual Taxpayer Identification Number) as a non-US citizen:

  1. Determine if you are eligible for an ITIN: Non-US citizens who are required to file a US tax return but are not eligible for a Social Security Number (SSN) are generally eligible for an ITIN.
  2. Download Form W-7 from the IRS website or complete the application online.
  3. Provide required documentation, such as a valid passport and other identifying documents.
  4. Finally, Apply to the IRS by mail. You can also do this through an IRS-authorized Certified Acceptance Agent.


Registered Agent

All LLCs in the US require a registered agent. This is because the agent is responsible for receiving official documents on behalf of your company. The registered agent must have a physical address in the state of LLC formation. This can be either an individual or a professional service provider.

Variations in State Regulations

It is important to note that state regulations regarding LLC formation can vary. Some states have more favorable laws. On the other hand, a few states are more strict in the process. It makes establishing an LLC easier for non-US citizens.

For example, Delaware, Nevada, and Wyoming are known for their business-friendly environments and streamlined processes. However, it is essential to consider several factors. When choosing the right state, this process includes taxes, fees, and annual reporting requirements.

Choosing the Right State

It is very important to properly consider each state’s different characteristics while incorporating an LLC as a non-US citizen. For instance, Delaware’s liberal policies make it a popular state. They also have a sound legal system and a conducive climate for business. 

Nevada, on the other hand, has advantages for asset protection and anonymity. Wyoming offers both affordability and solitude at the same time. Every state offers different advantages. The greatest match for your situation may only be determined by contacting an LLC expert.

Visa Status and Management

Non-US citizens who wish to manage their LLC from within the United States must have the appropriate visa status. Non-immigrant visas, such as the E-2 Treaty Investor or L-1 Intracompany Transfer visas, are preferable.

These visa types allow individuals to reside and run their businesses in the country. Still, consulting an immigration attorney is recommended to navigate the complex requirements. This way, it ensures compliance with US immigration laws.

Registering Your LLC

To form an LLC, non-US citizens must follow the same registration process as US citizens. This includes selecting a name for the LLC, filing the necessary formation documents, and paying the required fees. 

The specific requirements and procedures may vary depending on the state of formation. Therefore, always consider choosing a state that is friendly to your requirements.

Opening a US Bank Account

A US bank account is beneficial for conducting business transactions and managing finances. Keep in mind that opening a US bank account is not mandatory. But, it can simplify financial operations and build credibility with US customers and suppliers. 

Non-US citizens may face additional documentation requirements. More importantly, some banks may be more willing to work with international clients than others. Consulting with banks that specialize in working with non-US residents can facilitate the account opening process.


Advantages of a Non-US Resident LLC

There are various advantages to forming an LLC as a non-US citizen. These include:

Limited Liability: Foreign nationals who create an LLC are similarly protected from unlimited liability to US residents. It distinguishes between their assets and corporate liabilities.

Prospects for Business: There are several prospects for business when forming an LLC in the US. Working with US-based businesses and accessing the largest consumer market are included.

Credibility and Trust: With US clients, investors, and partners, an LLC established in the US may increase credibility and foster trust.

Opportunities for Investment: Creating an LLC can give non-US residents access to US investment opportunities and possible tax advantages.



Yes, foreign nationals can create an LLC in the US. They can profit from its numerous business chances and advantages. In the United States, company owners from all over the world may start and run prosperous enterprises. To take advantage of a non-US resident LLC, you must grasp the legal requirements, state variances, visa concerns, and advantages. 

To guarantee compliance, legal and immigration specialists should be consulted. Your application won’t be turned down if you do this. Additionally, it assists with all rules and aids in decision-making.

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