
If you’re a non-U.S. resident looking to register a U.S. Limited Liability Company, this article was written with you in mind as it answers all your questions and shows further that registering an LLC in the United States of America might be one of your smartest moves this year. A U.S. LLC gives your business credibility, exposure to American financial networks, and the opportunity to do business globally.
The good news? You don’t need to be a U.S. resident or citizen to form an LLC. It doesn’t matter where you are in the world. You can be in Nigeria, Ghana, India, Germany, the UK, and so on and still register a U.S. LLC. This article walks you through all the fundamentals you’ll need.
But then you may be wondering what advantages this gives you? Why should an entrepreneur in Port Harcourt decide to register an LLC in the US? Why should an entrepreneur in Mumbai think of doing same? These are valid questions. So sit back tight, read through to find the answer to this in the next paragraph, and gain insight from this article.
Why Form a U.S. LLC as a Non-Resident?
Below are some of the most common reasons global entrepreneurs form a U.S.-based LLC:
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- International credibility — U.S. businesses are trusted internationally.
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- Access to U.S. clients — Customers and many platforms like working with U.S.-registered companies.
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- Stripe, PayPal, and U.S. banking — Simpler access to U.S.-based payment processors.
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- Tax flexibility — LLCs provide pass-through taxation with possible benefits based on your nation’s tax agreement with the U.S.
Now let us explain the steps one after the other.
Step-by-Step Guide to Registering a U.S. LLC as a Foreigner.
Best U.S. States for Non-Residents to Register an LLC:
You can form your LLC in any state within the United States, no matter where you live. But there are some states in the US that are popular amongst non-residents who intend to register an LLC. As you read further you will see some of the reasons these states enjoy popularity or why they’re preferred by non-resident entrepreneurs wanting to do business in the US. Some of the most popular states for non-residents and the reasons for their popularity are as follows:
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- Wyoming – Low fees, no state income tax, and privacy protection. In fact, one of the major advantage of registering your LLC in Wyoming is because of how simple and cost effective it is.
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- Delaware – Business-friendly laws, perfect for tech startups and holding companies.
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- New Mexico – Inexpensive and anonymous (no names made public).
In case you need further explanations on these you can speak with a lawyer to guide you. Unless you plan on having a physical office in a particular state, choose one of the above to save on cost and convenience.
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- Choose a Solemn Business Name
The name of the LLC should: Be unique in the state’s database. Include “LLC,” “L.L.C.,” or “Limited Liability Company.”
Most states have an online tool to check the availability of a name before registration.
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- Choose a Registered Agent
A registered agent is an individual or service that has a physical street address in the state who accepts legal papers on your behalf.
It is legally mandated in all states.
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- File the Articles of Organization
Also referred to as a Certificate of Formation, it is the document that actually forms your LLC.
You will need to submit:
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- LLC name
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- Registered agent information
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- Purpose of the LLC (typically just “to engage in lawful business”)
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- Your address details
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- Create an Operating Agreement
This is your inner laws and operating setup of your LLC.
While not necessarily technically necessary, but highly advisable because:
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- It puts ownership and management setup on record.
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- Some third parties and banks will ask for it.
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- You don’t need to file it with the state, but retain a signed copy in your records.
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- How to Get an EIN for Your U.S. LLC as a Foreigner
An EIN is a Social Security Number for your business and will need to be used to:
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- Open a US bank account
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- Hire employees
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- Report taxes
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- Sign up with payment processors like Stripe or PayPal
As a non-resident, you may apply directly with the IRS on Form SS-4, by mail or fax (processing times are uncertain), or by having someone else process it for you through a third-party service.
In case you’re wondering: You do not need a U.S. Social Security Number to get an EIN.
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- Open a U.S. Business Bank Account
A U.S. LLC makes it easy to open a U.S. business bank account. You will need:
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- Articles of Organization
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- EIN letter from the IRS
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- Operating Agreement
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- Valid passport or national ID
Banks like Mercury, Wise Business, and Relay are popular among foreign business owners and can allow remote account opening.
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- Comply with State Rules
Each state has compliance rules that need to be maintained at all times, such as:
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- Annual Report filings
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- Franchise taxes (state-specific)
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- Having a legitimate registered agent in good standing
Failure to comply with these may result in fines or suspension of your LLC. Regulatory compliance is something no entrepreneur should play with. Companies and individuals are known to have paid billions and millions of Dollars in penalties and fines to US financial regulators for failing to comply with state laws and regulations.
Can a Non-U.S. Resident Own a U.S. LLC, 100%?
Yes. Foreign full ownership of LLCs is permitted under U.S. law. You can be the single member (owner) or have several members from various countries.
What Documents Do You Need?
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- Passport or valid means of identification
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- Articles of Organization (which are filed at the time of LLC creation)
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- Operating Agreement
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- IRS EIN confirmation
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- U.S. business address (if necessary — many use virtual address services)
Frequently Asked Questions (FAQs)
Is it possible to create an LLC without coming to the U.S.?
Yes. The entire process — from registration to banking — can be done remotely using online tools and services.
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- Do I need a visa to have an LLC in the U.S.?
No. You don’t need a visa to own and operate a U.S. business. But if you want to work physically in the U.S., you will need a valid visa.
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- Can I use Stripe or PayPal with my U.S. LLC?
Yes. A majority of non-residents form U.S. LLCs for the sole reason of having access to payment processors like Stripe, PayPal, and Square.
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- Can Brimany Attorneys assist me with the registration of a U.S. LLC?
Please send us a WhatsApp message or call via our dedicated official line to learn more.
Final Thoughts
It’s possible to form a U.S. LLC even when you’re not from the United States. With the right guidance and support, you can incorporate your business, get a U.S. bank account, and run a global entity, all remotely.
If you’re a consultant, e-commerce business owner, freelancer, or startup business owner, an LLC in the U.S. can be a springboard for international markets and more customers.
P.S.: If you have any questions about forming your U.S. LLC, you can contact us directly on +234-815-456-3760 (WhatsApp or phone calls) or email us at info@brimanyattorneys.com. We will be glad to assist you.
Onisowurun Sampson, Esq.
