Expanding your business into the U.S. can open the door to a wide customer base, greater trust, and access to top-tier payment systems. But for international entrepreneurs, forming a U.S. LLC or Corporation can seem complex.
Whether you’re a freelancer, Amazon seller, or tech founder, this guide breaks down how to form a U.S. LLC from abroad and explores essential steps for U.S. corporation formation as a non-resident.
Why International Entrepreneurs Form U.S. Companies
For non-residents, forming a U.S. entity offers major advantages:
- Access to U.S. customers and marketplaces (Amazon, Walmart, Stripe, PayPal)
- Better trust and branding with a U.S. business identity
- Easier access to business banking and payment processors
- U.S. legal structure that supports global operations
- Protection of personal assets through liability separation
Types of U.S. Business Entities for Non-Residents
The two most common options are:
1. Limited Liability Company (LLC)
- Most popular for small to medium businesses
- Pass-through taxation (you’re taxed personally, not the company)
- Easier to manage, fewer compliance burdens
- Ideal for eCommerce, consulting, freelancing
2. Corporation (C-Corp)
- Separate legal tax entity (taxed at corporate level)
- More complex compliance (board meetings, annual filings)
- Preferred if you seek investors or venture capital
- Often chosen by tech startups and large enterprises
Step-by-Step Process to Form US LLC from Abroad
Step 1: Choose the Right State
Delaware, Wyoming, and Florida are the most common for international entrepreneurs due to:
- Business-friendly laws
- Low or no income taxes
- Simple registration processes
Delaware is often favored for corporations; Wyoming is great for LLCs.
Step 2: Appoint a Registered Agent
A Registered Agent is a U.S.-based individual or company that receives legal documents on your behalf.
You must choose a reliable service (many offer mail forwarding, too).
Step 3: Choose a Business Name
Make sure your LLC/Corporation name:
- Is unique and available in your chosen state
- Includes the required suffix (LLC, Inc., etc.)
Step 4: File Formation Documents
- For an LLC, file Articles of Organization
- For a Corporation, file Articles of Incorporation
This step is typically done online through the state’s business filing portal or with the help of a formation service like SolutionFlows.
Step 5: Apply for an EIN (Employer Identification Number)
This is your business tax ID. It’s required to:
- Open a U.S. business bank account
- Work with Stripe, PayPal, Amazon, etc.
- File taxes with the IRS
Tip: Non-residents can apply by faxing Form SS-4 to the IRS. Services like SolutionFlows can also help you obtain an EIN without a U.S. SSN.
Step 6: Create an Operating Agreement or Bylaws
- LLCs need an Operating Agreement (internal rules)
- Corporations need Bylaws and often hold an initial board meeting
While not always legally required, they are highly recommended for clarity and dispute prevention.
U.S. Corporation Formation for Non-Residents: Key Points
If you’re forming a Corporation instead of an LLC:
- Be ready to issue shares and appoint a board of directors
- You’ll need to maintain corporate minutes and annual meetings
- C-Corps are subject to corporate tax (currently 21%)
- Foreign owners may face additional reporting under FATCA
Corporations offer more structure but come with more compliance and double taxation unless handled carefully with a U.S. accountant.
What Documents Do You Need to Start?
You don’t need to be physically present in the U.S. or have a Social Security Number (SSN). Typical requirements include:
- A valid passport or government-issued ID
- Residential address in your home country
- A U.S. mailing address (your registered agent can provide this)
- Desired company name and business purpose
Business Banking and Payment Setup
After registering your business and getting an EIN, you can:
- Open a U.S. business bank account remotely via fintechs like Mercury or Relay
- Apply for Stripe or PayPal business accounts
- Use Wise or Payoneer for global transactions
These services allow international entrepreneurs LLC setup without stepping foot in the U.S.
Ongoing Compliance and Tax Filing
To remain in good standing:
- File annual reports and pay state fees
- File IRS tax returns (usually Form 5472 + 1120 for foreign-owned LLCs)
- Maintain accurate bookkeeping
Important: U.S. tax laws can be complex for non-residents. Consider hiring an accountant or using services like SolutionFlows for ongoing support.
Why Use a U.S. Company Formation Service
Doing it yourself is possible but time-consuming. Formation services help with:
- Fast registration in your chosen state
- EIN application support without SSN
- Registered agent and mailing address
- Legal documents and ongoing compliance reminders
At SolutionFlows, we specialize in helping international entrepreneurs form U.S. LLCs and Corporations with end-to-end support.
Conclusion
Forming a U.S. LLC or Corporation from abroad is a smart move for entrepreneurs aiming to grow globally.
Whether you’re selling on Amazon, launching a SaaS, or managing an agency, the process is straightforward with the right guidance.
By following this guide to form US LLC from abroad and understanding your options for U.S. corporation formation as a non-resident, you can confidently establish your business and unlock new opportunities.
Need help getting started?
Visit SolutionFlows.com for expert help on international entrepreneur LLC setup and business growth support tailored for non-U.S. residents.
