How to Open a Company in the USA as a Non-Resident: A Roadmap from Idea to First Sale

Opening a company in the USA as a non-resident takes more than one filing. You choose a structure and a state, appoint an agent, get a tax number, open a bank account and then keep up the yearly paperwork. This guide is a roadmap from idea to first sale, in the order that works, with what to decide at each stage. For the registration service itself, see LLC registration in the USA for non-residents.

Key takeaways

• Non-residents can own 100% of a US company and form it online.
• Decide the structure, the state and the address before you file.
• The EIN, the bank account and the yearly filings take most of the time.
• Your own country's tax and foreign exchange rules matter as much as the US ones.

Stage 1: Decide what the company is for

Write down what the company will sell, to whom and from where. A freelancer, an online seller, a software company and a trading business each need different things. Check whether your business needs a licence. See business licences.

Stage 2: Choose the structure

• LLC: simple and flexible. The usual choice for services, online selling and small businesses.
• C-corporation: preferred if you plan to raise money from investors.
• S-corporation: generally not open to non-resident owners.

See LLC vs C-Corp.

Stage 3: Choose the state

Any state is open to you. Weigh the formation fee, the yearly cost, whether the state has an income tax, and where your customers or stock are. Compare every state on our LLC filing fees by state page.

Stage 4: Arrange an address and a registered agent

The company needs a registered agent with a street address in its state. See do you need a US address to form an LLC and our registered agent service.

Stage 5: File the company

Choose the name, then file the formation document online with the state. See how to form a US LLC without visiting the US for the steps.

Stage 6: Get the EIN

The EIN is the company's US tax number. A foreign owner without a Social Security Number applies with Form SS-4. See our EIN service.

Stage 7: Open the bank or payment account

Do this once you have the EIN. Names and addresses must match everywhere. See US business bank account.

Stage 8: Learn the yearly duties

• The state annual report or fee.
• The yearly IRS filing for a foreign-owned LLC, Form 5472.
• Any state or sales tax that applies to your business.
• Your own country's reporting and tax on the company.

See US LLC tax filing and what a US LLC costs each year.

Stage 9: Take money out the right way

An LLC owner takes distributions rather than a salary, with a record of each. See how to pay yourself from a US LLC as a non-resident.

Mistakes to avoid

Most problems are avoidable. See mistakes non-residents and foreigners make when registering a US LLC.

What each stage costs

• Company filing: the state fee, which differs by state, plus a service fee if a company files for you.
• Registered agent: a yearly cost. Compare the renewal price, not only the first year.
• EIN: free from the IRS directly, or a service fee if someone applies for you.
• Bank or payment account: some are free, some charge monthly or per-transfer fees.
• Yearly filings: the state report and the IRS filing, and an adviser if you use one.

See LLC filing fees by state for the state side.

Two examples

A freelancer or consultant

Usually forms a single-member LLC in a low-cost state, uses a registered agent, gets an EIN, opens an online business account and takes distributions. The yearly work is the state report and the IRS filing. Our guide to paying yourself explains the money side.

An online seller or trader

Forms an LLC, then adds sales tax registration, product checks and possibly customs paperwork. See how to open an e-commerce business in the USA from India and how to start an import-export business.

Frequently asked questions

Can a non-resident open a company in the USA?

Yes. There is no citizenship or residency rule for owning a US LLC or corporation.

Do I need a visa?

No, to own a company. A visa is a separate question if you want to live or work in the US.

How much does it cost?

The state fee and a service fee if a company files for you, then yearly costs. See the costs guide above.

How long does it take?

Days to weeks for the company, and longer for the EIN and the bank account.

Can I do it from India?

Yes. See register a company in the USA from India.

Ready to start?

Register your LLC as a non-resident, or see company formation in the USA. This is general information, not legal or tax advice.