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Step-by-step guide · Updated October 30, 2026

How to form a US LLC as a non-resident

You don't need a visa, a US address or a Social Security number. You do need to get seven steps right — especially the last one.

Realistic timelineCompany formed: a few days. EIN: officially about 4 business days by fax, but many founders report two to four weeks in 2026. Bank account: days to several weeks. Plan for one to two months end to end.
  1. Check that a US LLC fits your plans

    An LLC is a good fit if you sell to US or international customers, need Stripe or US payment rails, or want a credible US entity. If you plan to raise from US investors, a Delaware C-Corp is usually expected instead. And a US company does not remove your tax obligations at home — check your country's rules first (see our Morocco guide for an example).

  2. Choose your state

    Without US operations, you can pick any state. Most non-residents choose Wyoming ($100 to form, $60/yr minimum) or New Mexico ($50, no annual fee). Full state comparison →

  3. Choose how to file: a service or yourself

    Every LLC needs a registered agent with an address in its state. A formation service files your Articles of Organization, provides the agent and usually obtains your EIN. Doing it yourself is cheaper but slower. Compare formation services →

    Also prepare an operating agreement — banks frequently ask for it, even for a single-member LLC.

  4. Get your EIN (no SSN needed)

    The EIN is your company's federal tax number, required for banking and payments. It is free from the IRS. Without an SSN or ITIN, you cannot use the online application: you file Form SS-4 by fax or mail, or by phone on the IRS line for international applicants. On line 7b, non-residents write "foreign". Keep the IRS confirmation letter (CP 575) safe; replacing it means requesting a 147C letter.

  5. Open a US business bank account

    Traditional banks usually require a visit; fintech providers don't. What non-residents can expect:

    ProviderNon-residentsGood to know
    MercuryAccepts non-resident founders of US entitiesNo monthly fee. Stricter reviews since 2025; rejects registered-agent and virtual addresses as the operating address; some countries of residence excluded. Mercury
    Wise BusinessConditional, by countryMulti-currency with local details in the US, UK, EU and more; not a bank. Wise
    RelayConditionalAccepts US businesses owned by non-US persons; expects a US operating presence.
    PayoneerAccepts non-residentsUS receiving details for ACH payments; widely used by marketplaces and affiliate networks. Payoneer

    Apply with a clear business description, a website, and evidence of clients or revenue if you have them. Many founders keep two providers for redundancy.

  6. Set up payments and bookkeeping

    Connect Stripe or PayPal to your US account, separate business and personal money from day one, and record every transfer between you and the LLC — those transfers are exactly what Form 5472 asks about.

  7. Stay compliant every year

    ObligationWhoWhen
    Form 5472 + pro forma Form 1120Foreign-owned single-member LLCsApril 15 (calendar year), even with zero income
    State annual report / taxDepends on state (none in New Mexico)Wyoming: anniversary month · Delaware: June 1 · Florida: May 1
    Registered agent renewalEvery LLCYearly
    FinCEN BOI reportNo longer required for US-formed LLCs (exemption since March 2025)—
    Home-country tax returnYou, as ownerYour country's deadlines
    The $25,000 mistakeMissing Form 5472 triggers a penalty of $25,000 per form, per year. Read the Form 5472 guide.
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Written by Mhamed Issam Belafqih, licensed accountant (comptable agréé) in Casablanca, Morocco, in practice since 2016. Last reviewed October 30, 2026. Not legal or tax advice — see our method.