Business in the USA
How to open an LLC in the U.S. as a Non-Resident
Complete Guide for Foreign Entrepreneurs
Table of Contents
Opening a company in the United States is no longer a distant goal for international entrepreneurs. Today, even without living in the country or holding a U.S. visa, it is possible to form an LLC (Limited Liability Company) and legally operate in the American market.
An LLC is one of the most popular business structures among foreign entrepreneurs who want to sell in U.S. dollars, expand globally, and access the U.S. financial ecosystem. These advantages can deliver significant results especially for digital businesses, startups, e-commerce companies, and international service providers. While the process is accessible, it involves important strategic decisions, such as choosing the right state, finding the most efficient tax classification, and complying with annual obligations.
In this complete guide, you will learn who can open an LLC in the U.S., the costs involved, how taxes work for non-residents, and what steps are necessary to keep your company compliant from day one.
1. What Is an LLC?
An LLC (Limited Liability Company) is a U.S. business structure that legally separates the owners’ personal assets from the company’s obligations. This structure provides limited liability protection to members while offering flexibility in management.
LLCs are widely used by international entrepreneurs because non-residents are allowed to form an LLC and operate legally in the U.S. market without living in the country.
In most cases, LLC profits are taxed directly at the member level rather than at the company level, making this model simpler compared to other business structures.
2. Who Can Open an LLC in the United States?
Foreign nationals can open an LLC in the United States even without U.S. residency or citizenship. U.S. law does not require business owners to live in the country to register and maintain this type of company.
In practice, this allows entrepreneurs living abroad to form an LLC and operate internationally in a fully legal manner. The entire process can be completed remotely, provided that state and federal requirements are fulfilled.
In general:
- A U.S. visa is not required to open an LLC
- You do not need to live in the United States
- An SSN (Social Security Number) is not required to be an owner
- Foreigners can be sole members of an LLC
- The company can be formed from your home country
Although the process is accessible, opening an LLC as a non-resident involves specific tax and regulatory obligations. Depending on your business activity and the state selected, you may have responsibilities with the IRS and state authorities.
For this reason, beyond understanding who can open an LLC, it is essential to evaluate how to structure the business correctly from the start, especially regarding the state of registration and applicable tax requirements.
3. Is It Worth Opening an LLC in the U.S. as a Non-Resident?
Opening an LLC in the United States can be a strategic decision for entrepreneurs looking to expand internationally. Beyond accessing one of the most established markets in the world, this structure offers relevant legal and operational advantages for founders living abroad.
For many international entrepreneurs, forming an LLC represents more than simply registering a company: it is a way to operate in U.S. dollars, strengthen brand credibility, and structure the business with greater legal predictability. Among the main advantages of this model:
Asset Protection
An LLC creates a legal separation between personal and business assets. In general, members’ personal assets are not directly liable for the company’s debts or obligations, offering greater legal security to the entrepreneur.
Access to the U.S. Market and Financial System
Having a U.S.-registered company facilitates selling to international clients, working with global suppliers, and accessing the U.S. banking system. Operating in USD can also expand commercial opportunities and strengthen the business’s global presence.
Flexible Management Structure
An LLC allows simplified management without requiring a board of directors or complex corporate structures. In many states, it is possible to open and maintain a single-member LLC, which favors small and mid-sized entrepreneurs.
Simplified Tax Model
In general, an LLC is treated as a pass-through entity, meaning profits are typically taxed directly at the member level rather than at the company level. That said, tax obligations vary depending on the business profile, activity, and the members’ residency.
International Credibility
A U.S.-registered company tends to convey greater trust to partners, clients, and global platforms. For digital businesses, startups, and international service providers, this perception can facilitate negotiations and market expansion.
Despite these advantages, an LLC is not necessarily the best structure for every business model. Factors such as type of activity, investment plans, and growth strategy should be analyzed before making a final decision.
In addition, the choice of state is one of the most strategic decisions in the formation process, as costs, requirements, and obligations can vary significantly. In the next section, you will understand the key differences between the most sought-after states for foreign entrepreneurs opening an LLC in the U.S.
4. Where Should You Open Your LLC? State Comparison
There is no universal best state to open an LLC in the United States. The right choice depends on your business model, whether you will have a physical presence in the U.S., your growth strategy, and even the tax obligations involved.
Entrepreneurs who maintain inventory or a physical presence in the U.S. may have different needs from those who operate exclusively with digital services or SaaS. Additionally, concepts such as physical nexus (when there is presence or operations in a given state) and foreign qualification (mandatory registration in another state where the company begins operating) can directly impact the LLC’s obligations.
Below are the characteristics of the most sought-after states by foreign entrepreneurs opening a company in the U.S.
Florida: Gateway to the American Market
Florida is one of the most popular states among international entrepreneurs, especially Latin Americans and Brazilians. It is frequently chosen by companies that plan to maintain some type of physical presence in the United States.
Ideal for:
- Businesses with inventory or physical operations
- Entrepreneurs who frequently travel to the U.S.
- Companies seeking proximity to the Latin American market
Main advantages:
- Strong Latin and Brazilian community presence
- Established banking and logistics ecosystem
- No state income tax for individuals
Note: Florida operates under a public record system. This means that basic information about company managers and members may be publicly accessible through the state system (Sunbiz). For entrepreneurs who prioritize privacy, this may be a relevant factor in the decision.
Delaware: The Gold Standard for Startups and Investors
Delaware is widely recognized as the preferred state for startups and companies seeking investment. More than half of large U.S. corporations are registered there, reinforcing its reputation in the business environment.
Ideal for:
- Startups in growth stage
- Companies planning to raise venture capital
- Businesses with structured expansion or IPO plans
Main advantages:
- Court of Chancery specialized in corporate law
- Established and predictable corporate laws
- Strong recognition among investors and funds
- Higher level of privacy compared to states such as Florida
Note: Annual maintenance in Delaware tends to be higher. The minimum Franchise Tax for LLCs is $300 per year, plus potential additional fees and mandatory reports.
Wyoming: Privacy and Low Cost
Wyoming has become a strategic alternative for digital entrepreneurs and service providers looking for simplicity and cost savings. It is especially attractive for businesses without a physical presence in the United States.
Ideal for:
- Digital nomads
- International service providers
- Digital businesses with remote operations
- Cost-conscious entrepreneurs and investors
Main advantages:
- High level of privacy (LLC members do not appear in public records)
- Significantly lower annual renewal fees
- Strong asset protection for owners
- Company registration processed in less than 24 hours
Note: Despite its operational advantages, Wyoming has lower recognition in the Venture Capital ecosystem compared to Delaware. For companies planning to raise investment, this factor may influence the decision.
State Comparison Overview
| Feature | Florida | Delaware | Wyoming |
|---|---|---|---|
| Main Focus | Commerce / Physical presence | Investment / VC | Cost / Privacy |
| Privacy | Low | Medium | High |
| Annual Renewal | Medium | High | Low |
| State Income Tax* | Zero* | Zero* | Zero* |
| VC Attractiveness | Low | High | Low |
* State income tax exemption generally applies to companies without physical operations in the state.
The choice of state directly impacts maintenance costs, privacy level, and annual obligations. Before registering your LLC, it is essential to assess where your business will actually have operations, clients, or inventory.
In the next section, you will understand how taxes and the main tax obligations work for non-residents with an LLC in the United States.
5. Step-by-Step: How to Open an LLC in the U.S. as a Non-Resident
Opening an LLC in the United States may seem complex at first, especially for entrepreneurs living abroad. However, the process follows clear and standardized steps. With proper planning, it is possible to structure your company legally and efficiently.
Here is the essential path to opening your LLC as a non-resident:
1. Choose the State
The first step is deciding which state your LLC will be registered in. This decision affects costs, annual obligations, privacy level, and possible future requirements, such as foreign qualification if the company later starts operating physically in another state.
States such as Florida, Delaware, and Wyoming are among the most common choices for foreign entrepreneurs, but the decision should take into account your business model, growth plans, and physical presence.
2. Define the Company Name and Register the Business
After choosing the state, you must check the availability of the company name and complete the official registration with the appropriate state authority, generally the Division of Corporations.
The filed document, known as the Articles of Organization (or its equivalent, depending on the state), formalizes the creation of the LLC and confirms its legal existence.
3. Appoint a Registered Agent
Every LLC must have a Registered Agent in the state where it is registered. This representative is responsible for receiving official notices, legal documents, and government communications on behalf of the company.
For foreign entrepreneurs, a Registered Agent is mandatory, since a physical address in the state of registration is required.
It is also important to understand that the Registered Agent does not replace a business address.
Business address and mail handling
To operate your company in the United States, you will also need a valid business address, which will be used for:
- Receiving bank correspondence
- Official documents, such as the EIN confirmation letter
- Business and operational communications
A common solution for international entrepreneurs is to use a virtual business address, which provides a real U.S. address without requiring physical presence in the country.
With this model:
- Mail is received at the U.S. address
- Documents are digitized
- Everything is made available online for remote access through the Globalfy platform
This type of structure supports not only day-to-day business management, but also processes such as opening a business bank account and communicating with partners and financial institutions.
4. Obtain the EIN (Employer Identification Number)
The EIN is the company’s federal tax identification number with the IRS, equivalent to a business tax ID. The IRS (Internal Revenue Service) is the federal agency of the United States government responsible for administering and collecting taxes at the national level.
The EIN is required to:
- Open a business bank account
- File taxes
- Hire vendors and employees
- Comply with federal tax obligations
- Even without an SSN, foreign entrepreneurs can apply for an EIN.
Need an EIN but do not have an SSN? See how it works in our complete guide to EINs for non-residents.
5. Draft the Operating Agreement
The Operating Agreement works as the LLC’s internal contract. It defines management rules, members’ responsibilities, and profit distribution.
Although not all states formally require this document, it is strongly recommended to reinforce the separation between the individual and the company and to protect limited liability.
Compliance with Federal Requirements (BE-13)
In addition to tax obligations, there are also economic reporting requirements. One of them is the BE-13 Survey, a report required by the Bureau of Economic Analysis (BEA) to monitor foreign investment in the country.
What is the BE-13 Survey?
The BE-13 Survey is a filing used by the U.S. government to collect data on foreign direct investment in the United States. This information is used exclusively for statistical purposes and is not tax-related.
Who needs to file?
- Companies that meet certain investment thresholds must file the full BE-13
- Companies that do not meet the reporting threshold (US$3 million) must file the BE-13 Claim of Exemption
Even when the full report is not required, filing the exemption claim may still be necessary to remain compliant.
Deadline and requirement
BE-13 (or Claim of Exemption) must generally be filed within 45 days of company formation or the investment event.
Failure to comply may result in penalties, which is why this process should be considered part of the company’s initial obligations.
What information is required?
The report may include projections for the first year of operations, such as:
- Total assets (equipment, investments, and others)
- Total liabilities (loans and obligations)
- Estimated revenue or gross sales
- Profit or loss after taxes
- Number of employees
Important for foreign entrepreneurs
Although less widely known, the BE-13 is part of the obligations of companies with foreign ownership in the United States. For this reason, having specialized support can make it easier to meet these requirements correctly from the start of operations.
Documents and Requirements Essential to Open and Operate Your LLC
| Document | What It Is | Why It Matters |
|---|---|---|
| Articles of Organization | Official LLC registration document filed with the state | Confirms the legal existence of the company |
| EIN (Employer Identification Number) | Tax identification number issued by the IRS | Required to open a business bank account, file taxes, and operate legally |
| Operating Agreement | Internal contract that defines the LLC's rules and responsibilities | Reinforces the separation between the individual and the company and reduces legal risk |
| Registered Agent | Legal representative with a physical address in the state of registration | Receives official notices and ensures legal compliance |
| BE-13 Survey | Federal report required by the Bureau of Economic Analysis (BEA) to monitor foreign investment in the U.S. | Ensures compliance with federal requirements and helps avoid penalties |
| Business bank account | Account with a U.S. financial institution in the company's name | Allows receiving payments, operating in USD, and maintaining financial separation between personal and business assets |
6. Taxes and Obligations of an LLC in the United States
Understanding how taxes work in the United States is one of the main concerns of foreign entrepreneurs, and one of the most important aspects of keeping your company compliant and avoiding future issues.
The good news is that, in most cases, LLC taxation is simpler than it may seem.
Understanding how taxes work in the United States is one of the main concerns of foreign entrepreneurs, and one of the most important aspects of keeping your company compliant and avoiding future issues.
The good news is that, in most cases, LLC taxation is simpler than it may seem.
How Does LLC Taxation Work?
Most LLCs are treated as pass-through entities (pass-through taxation).
In practice, this means:
- The company does not pay income tax at the corporate level
- Profits are passed directly to the members
- Each member is responsible for reporting and paying taxes individually
This model is one of the main advantages of an LLC, as it avoids what is known as double taxation.
LLC vs. C Corporation: What Is the Difference in Taxes?
The difference between an LLC and a C Corporation lies mainly in how taxes are applied.
In a C Corporation:
- The company pays tax on its profits
- Shareholders may pay taxes again when receiving dividends
This is what is known as double taxation.
In an LLC:
- There is no taxation at the company level in most cases
- Profits are taxed directly at the member level
This structure is generally more efficient for foreign entrepreneurs, especially those running digital businesses, service businesses, and remote operations.
Do Foreigners Pay Taxes in the United States?
It depends on the company structure, the source of revenue, and how the business is set up.
In general:
- Not every foreign-owned LLC will have income tax due in the U.S.
- There may still be filing obligations, even when no tax is owed
- Tax treatment varies depending on the activity and the company’s presence in the country
In addition, it is important to consider international double taxation, since the entrepreneur may have tax obligations both in the United States and in their country of residence.
Main Tax and Compliance Obligations
Even when there is no direct tax due, the company must still comply with certain obligations to remain in good standing:
- Tax filings with the IRS (such as Form 5472, Form 1120, Form 1065, or Form 1040-NR, when applicable)
- Payment of state fees (such as Franchise Tax)
- Filing annual reports with the state
- Filing the BE-13 Survey with the Bureau of Economic Analysis (BEA), when applicable
Failure to meet these requirements may result in penalties and compromise the company’s compliance status.
Which Structure Should You Choose?
The LLC is the structure most commonly used by non-residents, mainly because of its tax simplicity and flexibility.
However:
- Companies seeking investment often choose a C Corporation
- Digital businesses and service providers generally benefit more from an LLC
That is why understanding the differences — especially related to taxes — is essential to making the right decision from the beginning.
7. Why Open Your LLC with Globalfy?
Opening a company in the United States is only the first step. Maintaining tax compliance, meeting state deadlines, and understanding non-resident obligations requires ongoing support and specialized knowledge.
Globalfy was created to simplify this process for international entrepreneurs. Founded in 2015 in Orlando, the company has already supported more than 10,000 business owners from more than 100 countries in structuring and managing their U.S. operations.
Unlike one-off solutions, Globalfy offers a complete platform that supports entrepreneurs from company formation through ongoing accounting and tax maintenance throughout the year.
Specialized in Non-Residents
Globalfy focuses exclusively on international entrepreneurs. That means the team understands the specific needs of people who:
- Do not have an SSN
- Do not live in the United States
- Need to structure 100% remote operations
- Have questions about double taxation and compliance
This specialization helps reduce risk and avoid common mistakes.
Complete Structure in One Place
With Globalfy, you can count on:
- LLC or Corporation formation
- EIN application with the IRS
- Registered Agent and business address
- Compliance calendar with organized deadlines
- Ongoing accounting and tax support
- Business bank account application support
- One integrated platform
- Support in Portuguese, English, and Spanish, with a multicultural team
Globalfy combines technical expertise with close, accessible support. Multilingual support helps entrepreneurs make decisions with greater clarity and confidence.
Plans Designed for Every Stage of the Business
From initial formation to full accounting support for growing companies, the plans are designed to support different stages of the entrepreneurial journey.
More than simply opening companies, Globalfy supports the international expansion of digital businesses, startups, e-commerce companies, and service providers that want to operate in the U.S. market in a structured way.
Open Your U.S. Company 100% Online with Support in Portuguese, English, and Spanish
With 10 years of experience and more than 10,000 clients from over 100 countries, Globalfy specializes in helping international entrepreneurs build and manage their operations in the United States across e-commerce, technology, digital business, and service sectors. We provide personalized support in Portuguese, English, and Spanish so you can make each decision with clarity and confidence.
How Does Opening Your LLC in the U.S. with Globalfy Work?
Opening your LLC with Globalfy is a 100% online, bureaucracy-free process. Here is how it works in practice:
- Platform registration: Choose the plan that best fits your business and select the company structure and state of registration.
- Document preparation and filing: Our team handles all the paperwork and files the application with the appropriate state authority.
- State approval: You receive the approved Articles of Organization, confirming the legal existence of your company in the U.S.
- EIN application with the IRS: We handle the process of applying for your federal tax identification number so that you can open a business bank account and operate legally.
- Business bank account application directly through our platform: With Globalfy, you can apply for your business bank account directly through the platform, with partners such as Mercury and Lili, in a 100% online process supported by specialists.
📹 Want to learn more about the process? Watch our complete step-by-step video on how to open an LLC in the U.S.
Frequently Asked Questions About Opening an LLC in the U.S. as a Non-Resident
Can a foreigner open an LLC in the United States?
Yes. You do not need to be a U.S. citizen or resident to open an LLC. Foreigners can be sole owners or members of a U.S. company, as long as they comply with applicable state and federal requirements.
Do I need a visa to open a company in the U.S.?
No. Forming an LLC does not require a U.S. visa. However, if you plan to live or work physically in the United States, you may need an appropriate visa. Opening the company, on its own, does not grant the right to residency.
Do I need an SSN or ITIN to open an LLC?
An SSN is not required to form the company. Non-residents can apply for an EIN without one. An ITIN may be required in certain tax situations, especially when the member has an individual tax filing obligation in the U.S. — but Globalfy can assist with that application.
What is an ITIN and when is it needed?
An ITIN (Individual Taxpayer Identification Number) is a tax identification number issued by the IRS for individuals who do not have an SSN. It may be required when the member needs to file individual taxes in the U.S. or fulfill certain tax obligations.
Can I open and operate my LLC fully remotely?
Yes. Many international entrepreneurs form and manage their LLCs entirely online without traveling to the United States, depending on the financial institution chosen.
Is it true that an LLC can be tax-exempt in the United States?
Yes. LLCs with non-resident members that operate 100% remotely (non-ECI), without employees, warehouses, or offices in the U.S., may, in certain specific scenarios, have no income tax due in the United States.
Will I pay taxes in both the U.S. and my home country at the same time?
It depends on your structure, income source, and tax residency. In some cases, reporting may be required in both countries. For this reason, it is important to understand how double taxation and applicable tax treaties work.
How much does it cost to maintain an LLC in the United States?
In addition to the initial registration fees, an LLC may have annual costs such as Franchise Tax, state annual reports, Registered Agent services, and potential federal tax filings. Costs vary depending on the state and business model.
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