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Totu Legal

U.S. business · LLC formation

Form a U.S. LLC from abroad, without the guesswork

We set up your U.S. LLC remotely: the right state, the state filing, your EIN, the operating agreement and a clear compliance plan. No SSN and no trip to the United States required.

Free · 15 minutes · Google Meet · English or Polish

Short answer

Yes, a non-U.S. resident can form and own a U.S. LLC. There is no citizenship or residency requirement, and you don't need an SSN or a visit to the United States. Totu Legal handles the formation remotely, including the state filing, the EIN application and the operating agreement. Owning an LLC does not by itself give you the right to live or work in the U.S.

Who this is for

  • Founders and freelancers outside the U.S. who sell to U.S. clients
  • E-commerce and software businesses that need U.S. payment processing
  • Polish and European companies testing the U.S. market
  • Entrepreneurs preparing an E-2 visa who need a U.S. company first

What we handle

  • The right formation state

    We recommend a state based on where you'll actually operate, who your clients are and your tax position, not on what's popular online.

  • State filing and registered agent

    We prepare and file the articles of organization and arrange the registered agent the state requires.

  • EIN without an SSN

    We apply to the IRS for your company's Employer Identification Number, which you need for banking, payment platforms and taxes.

  • Operating agreement

    A written operating agreement that reflects your ownership and how decisions are made, for single-member or multi-member LLCs.

  • Banking introduction

    An introduction to a third-party provider that can help you open a U.S. business bank account remotely. Available to our clients only.

  • Compliance roadmap

    A plain-English list of what's due after formation, including state annual reports and the federal filings that apply to foreign-owned LLCs.

What a U.S. LLC is, and what it isn't

A limited liability company (LLC) is the most common way for foreign entrepreneurs to do business in the United States. It separates your personal assets from the company's obligations, lets you sign contracts and invoice U.S. clients under a U.S. company name, and gives you access to U.S. banking and payment platforms such as Stripe and PayPal.

An LLC is a business structure, not an immigration status. It does not give you a visa, a green card or permission to work in the U.S. If you plan to move to the United States to run your company, the company is often the first step, and the visa is a separate application. We can plan both together.

Choosing a state

You can form an LLC in any state, and you don't need to live there. Delaware and Wyoming are popular for good reasons, but they are not automatically the best choice. If you'll have an office, employees or significant operations in a particular state, that state will usually require you to register there as well. We look at where your business will really operate before recommending a state.

After formation

A newly formed LLC has ongoing obligations. Most states require an annual report and fee and a registered agent at all times. At the federal level, a single-member LLC owned by a non-U.S. person must file Form 5472 together with a pro forma Form 1120 each year, even when the company had no income. If you have U.S. income, there may also be income tax filings. We give you a written roadmap so nothing is missed, and we can help with the filings themselves through our tax filing service.

LLC or corporation?

An LLC suits most service businesses, online businesses and holding structures. If you plan to raise money from U.S. investors or issue stock options to employees, a C-corporation is usually the better fit. See U.S. corporation formation or ask us on the free call.

  1. 1

    Free case evaluation

    A 15-minute call to understand your business, your clients and your plans in the U.S.

  2. 2

    Plan and fee

    We recommend the state and structure and confirm the fee before any work begins.

  3. 3

    Formation

    You complete a short intake. We prepare and file the formation documents.

  4. 4

    EIN and handover

    We obtain the EIN, deliver your company documents and walk you through next steps.

What our clients say

4.8

on Google

View on Google
Google

“Wspolpracowalam z kancelaria Totu Legal w ramach aplikacji o wize inwestorska. Pan adwokat, Marcin Podskarbi wykazal sie niezmiernie fachowa pomoca przy wdrozeniu mojej firmy na terenie USA. Szybki kontakt, ogromna wiedza jesli chodzi o prawo imigracyjne i porady biznesowe. Pragmatyczne i indywidualne podejscie do sprawy. Pan Marcin Podskarbi jest bardzo zyczliwy i gotowy do pomocy. Nasza wspolpraca zakonczyla sie sukcesem za co jestem bardzo wdzieczna. Bardzo polecam!”

Joanna K.Original review in PolishView on Google
Google

“Thank you Marcin and your team for your excellent work. It's the first time I have dealt with such a brilliant and intelligent lawyer as Marcin. It was extremely easy and stress-free to work with a lawyer who understands complicated issues so well. You have the feeling right away that you are in good care. Marcin is trustworthy, cares about client's interests, helpful, efficient, responsive, and reliable. You are in good hands with him and his team! I'm very happy with the excellent services they provide. If you're looking for the best and want a law firm that cares about you and not just the case, look no further! Really worth recommendation.”

BeataView on Google
Google

“Am so glad I used this firm to help me with my immigration status. Mr. Marcin is very helpful and always there when I need his assistance.”

Makereta L.View on Google
Read all reviews

Frequently asked questions

Can a non-U.S. citizen own a U.S. LLC?

Yes. U.S. states do not require LLC owners to be citizens or residents. You can own 100% of the company from abroad.

Do I need an SSN or ITIN to get an EIN?

No. Foreign owners without an SSN or ITIN can still obtain an EIN for their LLC. The IRS process is different from the online application U.S. residents use, and we handle it for you.

Should I choose Delaware, Wyoming or another state?

It depends on where you'll actually do business. If you'll operate in a specific state, such as California, you'll usually need to register there anyway, so forming elsewhere can mean paying twice. We explain the trade-offs for your situation on the call.

Does owning a U.S. LLC give me a visa?

No. Owning a U.S. company does not give you the right to live or work in the United States. If that's your goal, ask us about the E-2 investor visa, available to citizens of treaty countries such as Poland.

What ongoing filings does a foreign-owned LLC have?

Most states require an annual report and fee. A single-member LLC owned by a foreign person must also file Form 5472 with a pro forma Form 1120 with the IRS every year, even if it had no income. Penalties for missing it start at $25,000.

Not sure where to start? Talk to us.

Book a free 15-minute case evaluation. We'll tell you whether we can help, which route fits and what it involves.

Free · 15 minutes · Google Meet · English or Polish