How to Form a US LLC as a Non-Resident (2026 Step-by-Step)

You don't need to be American, live in the US, or hold an SSN to own a US company. Every year thousands of non-residents form a US LLC to accept Stripe and PayPal, bill clients in USD, and open a real US bank account. This is the start-here guide — the full process in plain English.

What a US LLC actually gives you

A Limited Liability Company (LLC) is a US legal business entity that is separate from you personally. For a non-resident founder it unlocks three practical things: access to US payment rails (Stripe, PayPal, Wise), a US business bank account, and the credibility of invoicing as a US company. It also gives you limited liability — your personal assets are legally separate from the business.

Step 1 — Choose your state: Wyoming or Delaware

You can form in any state, but two dominate for non-residents. Wyoming is the practical default for freelancers, agencies, and e-commerce sellers: low cost, no state income tax, and strong privacy. Delaware is the choice if you plan to raise venture capital. Read the full breakdown in Delaware vs Wyoming.

Step 2 — Pick a compliant company name

Your name must be unique in your chosen state and end with a designator like "LLC" or "L.L.C." Avoid restricted words (like "bank" or "insurance"). It's worth having a backup name in case your first choice is taken.

Step 3 — Appoint a registered agent

Every US LLC must have a registered agent: a person or company with a physical address in the state of formation who receives legal and government mail for you. As a non-resident you can't be your own agent, so you use a commercial registered agent service. Learn more in what a registered agent does.

Step 4 — File the formation documents

The state creates your LLC once you file the Articles of Organization (called a Certificate of Formation in Delaware) and pay the state fee. Wyoming's filing fee is around $100; Delaware's is around $110. With UpToNova this is handled for you, and formation is typically ready in about 2.4 days on average.

Step 5 — Get your EIN (no SSN required)

An EIN (Employer Identification Number) is your company's federal tax ID — you need it to open a bank account and connect Stripe. Non-residents without an SSN obtain one by filing IRS Form SS-4 by fax or mail. It's free from the IRS, and it's the step that most trips people up. See how to get an EIN without an SSN.

Step 6 — Open a US business bank account

With your formation documents and EIN, you can open a US business account remotely. Popular options for non-residents are Mercury, Relay, and Wise Business. Full walkthrough in our US banking guide.

Step 7 — Sign your operating agreement and stay compliant

Your operating agreement sets out ownership and how the company runs — banks and Stripe often ask for it. After that, an LLC has light annual upkeep (a state annual report, and federal filings). We cover it in annual compliance for a US LLC.

What it costs and how long it takes

UpToNova forms your LLC for a flat $200 plus the state fee, with the EIN, registered agent (1 year), and operating agreement included — no subscription. State formation is often ready within a few business days (about 2.4 days on average); your EIN follows and takes a few weeks for non-residents.

Ongoing costs are light. Each year you'll file a state annual report — Wyoming's is a minimum of $60, while Delaware charges a flat $300 LLC tax — plus your registered agent renewal after the first year. That's it for most owners. See annual compliance for the full checklist.

Start your US LLC or see exactly what's included.