Starting a business in the U.S. as a non-resident might seem complicated, but it’s simple when you have the right help. The best part is it can be done from home wherever you are in the world, no need to be in the U.S.
A U.S. LLC offers access to the lucrative American markets and comes with legal protections and flexibility to allow your company to grow.
The first decision you have to make as a non-resident is where to start your LLC.
What State is Best for Non-Residents?
While some states like Delaware, Nevada, and Florida are popular, Wyoming stands out as the best option for non-residents due to its strong legal protections, low costs, and business-friendly regulations.
Here’s why Wyoming is the top choice:
- No State Taxes: Wyoming has no state income tax, franchise tax, or business license tax, allowing you to keep more of your profits.
- Privacy Protection: Unlike many states, Wyoming does not require member names to be publicly listed, ensuring greater anonymity.
- Low Maintenance Costs: With low filing fees and affordable annual reports, Wyoming LLCs are cost-effective to form and maintain.
- Strong Asset Protection: Wyoming’s LLC laws offer excellent liability protection, making it harder for lawsuits to target business owners.
The service you choose is just as important as the state you choose. Many low-quality providers will provide you with a business address that has no quality control. This means you’re sharing a business address with scammers.
Then it’s only a matter of time before your business address gets flagged by the U.S. Postal Service and banking providers. Banks can suspend your accounts if this happens. Choosing a quality registered agent and LLC service provider ensures your business stays compliant and legally protected.
Start in Wyoming offers Wyoming LLCs formed by an experienced attorney.
How to Start an LLC
Starting an LLC in the U.S. as a non-resident follows a straightforward process, but each step must be done correctly to ensure compliance and smooth operations. Below, we’ll break down the key requirements
Choose a Business Name
Your LLC’s name must meet state requirements and be unique from existing businesses. Most states have an online database where you can check name availability before filing.
When choosing a name:
- It must include “LLC” or “Limited Liability Company” at the end.
- It cannot conflict with existing trademarks or well-known businesses.
- Some states restrict certain words (e.g., “Bank” or “Attorney” may require additional approvals).
Once you’ve selected a name, consider reserving it with the state if you’re not ready to file immediately.
Appoint a Registered Agent
Every U.S. LLC must have a registered agent—a designated individual or company that receives legal documents and government notices on behalf of your business.
As a non-resident, you need to use a registered agent service with a physical address in the state where you form your LLC since a P.O. Box isn’t allowed.
Choosing a reliable registered agent ensures you never miss important legal notices, which could otherwise lead to penalties or even the dissolution of your LLC.
File with the Secretary of State
To officially create your LLC, you must file Articles of Organization (sometimes called a Certificate of Formation) with the Secretary of State in your chosen state. This document includes basic details about your business, such as its name, registered agent, and business purpose.
While you can file this paperwork yourself, non-residents often find the process confusing due to varying state requirements and legal terminology. Some states also require additional documentation, like an operating agreement.
Using a professional LLC formation service can help ensure your filing is completed accurately and avoids delays or rejections. Many services also handle state compliance filings on your behalf, making it easier to manage your LLC from outside the U.S.
File a BOI (Beneficial Ownership Information) Report
As of 2024, all newly formed LLCs in the U.S. must file a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN). This report discloses who owns and controls the business, helping prevent fraud and money laundering.
Key points to know:
- Who Must File? Any LLC registered in the U.S., unless exempt under FinCEN rules.
- What Information Is Required? Names, addresses, and identification details of the LLC’s beneficial owners (anyone with at least 25% ownership or significant control).
- Deadline to File? Within 90 days of forming your LLC. (Starting in 2025, this deadline will be reduced to 30 days.)
- No Filing Fee – The BOI report is free to submit.
Failure to file on time can lead to fines and legal penalties, so it’s essential to complete this step as soon as your LLC is registered. Many LLC service providers offer BOI filing assistance to ensure compliance.
What’s Next?
Once your LLC is officially formed your business is legally recognized in the U.S. At this stage, you may want to take additional steps to fully set up your operations.
- Apply for an EIN – If you plan to hire employees or need to open a U.S. bank account, you’ll need an Employer Identification Number (EIN) from the IRS. Non-residents can apply by submitting Form SS-4 by mail or fax, as online applications require a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN).
- Open a U.S. Bank Account – Many non-residents face challenges opening a business bank account, but having an EIN and a U.S. business address with proof of utility service can help. Some international-friendly banks and fintech services also provide alternatives.
- Understand Your Tax & Compliance Obligations – While LLCs offer flexible tax treatment, it’s important to know your U.S. tax obligations and file annual reports to keep your business in good standing.
Starting an LLC as a non-U.S. resident can seem complex, but by following the right steps, you can establish a legally compliant, tax-efficient, and well-protected business in the U.S
