The short answer is: yes, a person without US citizenship who resides outside the US can form a limited liability company (LLC). Here’s what to know:
How do I form an LLC as a non-US resident?
As a non-US resident, you can form an LLC in the US by following the same steps any US resident might take, including:
- Selecting a state – LLCs are formed at the state level, which means you’ll need to decide the state in which you’d like to form your business. (Scroll down to the bottom of Northwest’s How to Start a Business page for a state-by-state comparison.)
- Hiring a registered agent – A registered agent is someone who collects legal notices—known as “service of process”—on behalf of your company. Registered agents are required by law in most states. (You can read more about RAs and Northwest’s services on our Registered Agent Service page.)
From there, you’ll have to file LLC Articles or Organization with the secretary of state (or equivalent government agency) in the state you’ve chosen, and pay a filing fee. Though the process is similar state-to-state, terminology and state fees may differ.
For a more comprehensive guide to LLC formation, check out our page on how to Start an LLC.
How do I operate my LLC as a non-US resident?
While you don’t need US citizenship to start or operate an LLC, there are a couple of important aspects of maintaining an LLC that will look a little different for non-US residents.
- EIN – An employer identification number (EIN) is important for making sure you’re paying required business taxes in the US. To apply for an EIN without a US social security number (SSN), you can obtain an ITIN then file Form SS-4 with the IRS. International applicants will have to apply by mail, or by phone: (267) 941-1099.
- US Bank Account – Opening a US bank account can be tricky if you don’t live in the US. Many banks require their clients to physically be in the US to open a new account, which has caused many people to search for online banking solutions. It’s best to reach out to any bank directly to make sure they’ll be able to accommodate your business needs.
For more details on doing business as a non-US resident, you can visit our page: How to Do Business in the U.S.A.
Can non-US residents be members of an LLC?
Yes. There are very few restrictions when it comes to who (or what) can own an LLC. (“Member” is another word for “owner” when it comes to LLCs.) Non-US residents, living trusts, and even other LLCs can be listed as members of an LLC.