Registering an LLC: The Complete Process for Non-US Residents

Registering an LLC is a state-level filing, not a federal one. There is no national US company register — you file with one specific state, and that state's rules govern the name, the paperwork and the annual obligations. Understanding that single fact removes most of the confusion.

This guide, from the UpToNova Team, walks the whole process as it applies to someone registering from outside the United States, including the steps that work differently when you have no SSN and no US address.

Last updated: August 2026.

Step 1 — Choose the state

You may register in any state; you do not need a connection to it. For non-residents running an online business, two are worth considering:

• Wyoming — low annual cost, no state income tax, members not named in public filings. The common default for solo founders and online businesses.
• Delaware — investor-familiar, mature corporate courts, and the standard if you expect to raise money. Costs more: a flat $400 annual franchise tax for LLCs.

Ignore advice to register in your "home state" — you do not have one. Full comparison: Wyoming vs Delaware.

Step 2 — Check the name before anything else

State filings are rejected for name problems more than for any other reason, and a rejection costs you the fee and the wait. Three tests apply:

1. The required designator. The name must contain "LLC", "L.L.C." or "Limited Liability Company". Wyoming also accepts "LC", "L.C." and "Limited Company"; Delaware does not.
2. No restricted words without consent. "Bank", "trust", "insurance", "university" and licensed-profession terms need approval from the relevant regulator first.
3. Distinguishability. The name must be distinguishable from every existing entity in that state. Adding "LLC", changing punctuation or pluralising a word does not make it distinguishable.

Run your name through our free checkers before you file — Wyoming or Delaware. Both screen the first two tests instantly and hand you a clean search term for the state registry.

Step 3 — Appoint a registered agent

Every state requires a registered agent: a person or company with a physical street address in the state of formation, available during business hours to receive legal documents.

You cannot be your own agent from abroad — the address must be in that state. This is not optional and it is not a formality: losing your agent is one of the fastest routes to administrative dissolution. It also protects your privacy, since the agent's address appears in the public register rather than yours. See what a registered agent does.

Step 4 — File the formation document

The filing is called the Articles of Organization in Wyoming and the Certificate of Formation in Delaware. It is short, and it asks for the company name, the registered agent, and the organiser.

Notably, it does not ask who owns the company. Neither state requires members to be named, which is the source of the privacy both are known for.

Typical processing is a few business days; both states sell expedited options. Once accepted, the LLC legally exists.

Step 5 — Get an EIN (the slow step)

The EIN is the company's federal tax ID. You need it for banking, for Stripe, and for your annual filings.

This is where the non-resident process diverges. The IRS online application requires an SSN or ITIN, so it is unavailable to you. Foreign applicants instead submit Form SS-4 through an alternative channel, writing "Foreign" where an SSN would go.

You do not need an SSN or an ITIN. Anyone telling you otherwise — or selling you an ITIN as a prerequisite — is wrong. Budget a few weeks; this is the longest part of the whole process. See the EIN guide.

Step 6 — Write an operating agreement

Neither state requires you to file one, and single-member owners often skip it. Don't. Banks routinely ask for it, and it is what evidences the separation between you and the company if the liability shield is ever tested. It also records ownership, which the state filing does not.

Step 7 — Open a US business bank account

With the formation document, the EIN and the operating agreement, you can open a US business account remotely. Several providers serve foreign-owned LLCs without requiring a US visit. See our banking guide for who accepts non-residents.

Step 8 — Understand what you owe every year

Registration is the beginning of an obligation, not the end of a task:

• State annual report. Wyoming's is due on the anniversary month of formation; Delaware's flat $400 LLC franchise tax is due 1 June. Missing it leads to dissolution or a "Void" charter.
• Form 5472 plus a pro-forma 1120. Mandatory every year for a foreign-owned single-member LLC, even with zero income and zero tax owed. Penalty starts at $25,000. See the Form 5472 guide.
• Registered agent renewal. Annual.
• Your home-country obligations. Unchanged. Declare the income where you are tax-resident.

How long the whole thing takes

• Name check: minutes
• State filing: a few business days
• EIN: a few weeks — the bottleneck
• Bank account: days after the EIN
• Stripe: usually quick once the rest is in place

What it costs

UpToNova charges $200 flat, one time, plus the state fee (Wyoming $102.40 / Delaware $110). That covers the filing, the EIN without an SSN, one year of registered agent, an attorney-reviewed operating agreement, the banking walkthrough and a compliance calendar. No subscription, no automatic renewal.

Frequently Asked Questions

Can I register an LLC without visiting the US?
Yes. Every step is remote.

Do I need a US address?
Not your own. Your registered agent supplies the required in-state address.

Do I need a US partner or director?
No. You can be the sole owner as a foreign national.

Can I register the LLC myself?
Yes. The state filing is not difficult. The parts people get wrong are the EIN as a foreign applicant and the annual Form 5472 — which is where the $25,000 penalty lives.

What if my name is rejected?
You refile, paying again. Run the name checkers first — that is exactly what they are for.

Can I change state later?
Yes, by domesticating or dissolving and refiling, but it costs time and money. Choose deliberately now.

Ready to register?

Check your name first with the Wyoming or Delaware checker. When it passes, we handle the rest — filing, EIN without an SSN, registered agent, operating agreement and the compliance calendar.

Start your formation.