Can a foreigner own a US LLC?
Yes. No US state requires the members or managers of a limited liability company to be citizens or residents of the United States. You do not need a visa, a US address or a Social Security Number, and you do not have to travel. One person can own 100% of the company.
What you do need is the same in every state: a company name that is still available, a registered agent with a street address in the state, a formation document filed with the state, and afterwards an Employer Identification Number (EIN) from the IRS.
Step 1: choose the state
An LLC is formed under the law of one state. If the business has no office, staff or warehouse in the United States, you are free to pick any state, and most international founders pick on cost, speed and privacy.
- Wyoming: low fees, fast approval, owners not listed in the public register, annual report from $60.
- New Mexico: the lowest running cost, because there is no annual report and no annual fee.
- Delaware: the standard for companies that will raise money from investors. $300 franchise tax a year.
- Florida and Texas: large, well-known states with no state income tax on wages; higher yearly cost than Wyoming or New Mexico.
If you will have people or premises in one particular state, form the LLC there. Otherwise you end up registering in that state anyway.
Step 2: registered agent
Every state wants a registered agent: a person or company with a physical address in the state that accepts legal and government mail for the LLC during business hours. A PO box is not enough, and you cannot be your own agent from abroad. The agent's address also goes on the public record, which keeps your home address off it.
Step 3: the formation filing
The LLC exists from the moment the state accepts its formation document, called Articles of Organization in most states and a Certificate of Formation or Certificate of Organization in others. It states the company name, the registered agent and, in some states, who manages the company. Approval takes from a few minutes to a few weeks depending on the state.
Step 4: the EIN
The EIN is the tax number of the company. Banks, payment providers such as Stripe and PayPal, and marketplaces such as Amazon all ask for it. An owner without an SSN or ITIN cannot use the IRS online tool, but the IRS does issue EINs to foreign-owned LLCs through a signed application. It usually takes a few business days after the state has approved the company.
Step 5: operating agreement and bank account
The operating agreement is the internal rulebook: who owns what, who may sign, how profits are paid out. States rarely ask to see it; banks almost always do. With the approved formation document, the EIN letter and the operating agreement you can apply for a US business account. Fintech banks such as Mercury and Relay accept non-resident founders and open accounts remotely.
What comes back every year
- The registered agent fee.
- The state's annual report or franchise tax, if the state has one.
- For a single-member LLC owned by a foreign person: IRS Form 5472 with a pro forma Form 1120, even if the company made no money. The penalty for missing it is $25,000.
- Bookkeeping, so that those filings can be made.
Whether the LLC owes US income tax depends on where the work is done and where the customers are. Many foreign-owned LLCs with no US presence owe none, but that is a question for a tax adviser in your situation.
Frequently asked
Do I need to visit the United States to open an LLC?
No. Formation, the EIN and in most cases the bank account are done remotely.
Do I need a US address?
No. The registered agent provides the address the state requires. Your own mailing address can be anywhere in the world.
Does a US LLC give me a visa or the right to work in the US?
No. Owning a company does not give any immigration status.
This guide is general information, not legal or tax advice. Rules and fees change; check your own situation with a professional.