1. Check the state's rules on owners
Rules differ by state, so read the Secretary of State site of the state you choose. The Texas Secretary of State, for example, says Texas law does not restrict who can form or hold an ownership interest in a business entity, other than requiring the organizer to be a person capable of entering into a contract. The registered agent is where residency matters.
2. Pick a state
Compare fees and yearly requirements in best state for an LLC and the state fees hub. If you will operate in a specific state, ask whether you must also register there.
3. Name a registered agent in that state
Every state requires an agent with a physical address in the state, and you cannot meet that from abroad. A commercial agent is the usual answer. See registered agent: what it is and cost.
4. File the formation document
You file Articles of Organization (or Certificate of Formation) and pay the state fee. We prepare and submit it for you. Documents can be handled in English or Spanish.
5. Get an EIN without an SSN
The IRS online EIN tool requires a responsible party with an SSN or ITIN. Without one, you apply with Form SS-4 by fax, mail or phone. You do not need an ITIN first. Details: EIN without an SSN.
6. Understand the federal filings
- A single-member LLC wholly owned by a foreign person is a "foreign-owned U.S. disregarded entity". The IRS instructions treat it as a reporting corporation for Form 5472 purposes, and it files a pro forma Form 1120 with Form 5472 attached when it has a reportable transaction. Penalties start at $25,000. See Form 5472.
- Whether you owe US income tax depends on your income and treaties. See taxes for foreign owners and talk to a CPA who handles cross-border cases.
- The federal BOI report does not apply to US-formed LLCs under the rule FinCEN finalized on August 11, 2026. See BOI status.
7. Open a bank account
Banks set their own rules, and some require an in-person visit while others accept remote opening. Ask the bank what it needs, such as your Articles, EIN letter and passport, before you form.
8. Keep the LLC in good standing
File the state's yearly report or tax on time. See annual report and franchise tax.
What an LLC does not give you
Owning an LLC does not give you a visa, residency or the right to work in the US. Visas that involve a business have their own requirements, so talk to an immigration attorney.
Using the LLC at home
Banks and registries in your country may ask for LLC documents with a certified translation and an apostille. See certified translation and Florida apostille. The apostille is a Florida service.
S corporation is not available
Nonresident alien individuals cannot own S corporation stock, according to the IRS, so an owner abroad is limited to an LLC or a C corporation. Read LLC, C-Corp or S-Corp.
Next step
Ready to form yours? Start your LLC with Coral Filings and we handle the state filing, the registered agent and the EIN request. Want to compare filing fees first? Open the state fees hub for all 50 states and D.C.
Frequently asked questions
Can a non-US resident own an LLC?
In at least some states, such as Texas, the Secretary of State says there is no restriction on who can hold an ownership interest. Check the state you choose.
Do I need an SSN or ITIN to form an LLC?
No. States do not require one to file formation documents. For the EIN you can use Form SS-4 and write "foreign" or N/A on line 7b if the responsible party has no SSN or ITIN and is ineligible for one.
Does an LLC give me a visa or green card?
No. An LLC does not grant immigration status or permission to work. Talk to an immigration attorney.
Will I owe US taxes?
It depends on your income, whether it is connected with a US trade or business, and any tax treaty. A CPA who handles cross-border cases can answer for your facts.
Can you open the bank account for me?
No. Banks set their own requirements, so ask the bank directly before you form the LLC.
This page is general information, not legal or tax advice. For your specific situation, talk to a licensed attorney or CPA.