How Non-US Residents Typically Form a US LLC

You do not need US citizenship or a US visa to own a limited liability company formed under a US state’s law. That fact is widely misunderstood. Ownership is a state filing question. Living in the United States, getting a bank account, getting a payment processor, and filing taxes are separate questions. Mixing them is how people buy a “package” and then discover the hard parts were never included.

Scriplit is not a law firm or a CPA firm. This article is general information, not legal, tax, or immigration advice. Confirm current IRS and state rules before you file. Forming an LLC and applying for an EIN do not guarantee a bank account, Stripe approval, a visa, or any particular tax outcome.

What you are actually forming

An LLC is created by filing with a secretary of state (or equivalent) in one US state. That state becomes the company’s “home” for annual reports and registered agent rules. You can still sell to customers in other states and other countries. Doing so may create extra tax or registration duties; that is a facts-and-circumstances issue, not something a formation receipt settles.

Typical documents after a successful filing include stamped articles (or a certificate of formation), an operating agreement among the members, and later an Employer Identification Number from the IRS if you apply for one. Banks and processors ask for that packet. A logo and a website are not formation documents.

A practical sequence (not a guaranteed timeline)

1. Choose a state. Wyoming and Delaware are the two names most international founders compare. Cost, privacy, investor habits, and annual filings differ. See Wyoming LLC vs Delaware LLC before you default to a social-media recommendation.
2. Choose a name and check availability in that state’s records. Have a backup name. Some words are restricted.
3. Appoint a registered agent with a physical address in that state. You generally cannot be your own agent if you have no in-state presence. The agent’s job is official mail, not a glamorous HQ.
4. File the formation document and pay the state fee. Processing speed depends on the state and the service level you buy. Treat published “same day” claims as marketing until you see the stamped copy.
5. Adopt an operating agreement even as a single member. Banks look for it. It records who owns what and who can sign.
6. Apply for an EIN if you need a federal tax ID for banking, payroll, or processors. Foreign owners without an SSN usually cannot finish the IRS online assistant. Fax and mail are the common paths; timing varies. Details: how to get an EIN for a foreign-owned LLC.
7. Open banking and payments only after identity documents exist. Expect questions. Expect declines. Neither is proof the LLC is invalid.

Citizenship is not the filter; identity still is

State filing offices want a unique name, a registered agent, and a fee. They are not an immigration interview. Beneficial-owner reporting to FinCEN (when it applies to your company) and bank KYC are different regimes. Keep passports and ownership percentages consistent across forms. Changing the story between the operating agreement and a bank application is a common delay.

You do not need to travel to the United States to file articles. You may need video KYC for a fintech bank. That is the bank’s rule, not the state’s.

Registered agent and addresses

The registered agent address is where the state and litigants can serve papers. It is not automatically your public website address, your warehouse, or the mail-scan suite you use for suppliers. Using the wrong address on Stripe, Amazon, or a domain WHOIS record creates mismatches. Keep a short map: formation state, agent, mailing address, and website contact — and know which is which.

Tax is not “the LLC pays nothing because I am foreign”

A single-member LLC owned by a non-US person is often a disregarded entity for US federal income tax, which is a classification, not a vacation from paperwork. Foreign-owned disregarded entities commonly have information-return requirements (widely discussed as Form 5472 with a pro forma Form 1120). Whether you have US trade or business income, sales tax, VAT in your home country, or treaty positions is personal. Guessing from a blog post is how people miss a filing they were supposed to make even with little or no US income.

State franchise taxes and annual reports are owed to the formation state on that state’s calendar, independent of whether you made a profit.

Banking and processors are underwriting, not a state stamp

Fintech banks and card processors look at the product, the website, the owners’ countries, and volume. A Wyoming filing does not “unlock Stripe.” Restricted categories, incomplete sites, and name mismatches produce reviews. Build the real offer on the site before you apply, or expect to apply twice.

What Scriplit can and cannot do

Scriplit’s US LLC formation service is operational help with filings, documents, and EIN application mechanics as described on that page. It is not a law practice, a CPA opinion, or a visa service. If your facts are unusual — multiple members in several countries, a regulated product, or an existing foreign company that should own the LLC — you need advice from licensed professionals in the relevant places.

If you want help with the standard non-resident path, start from contact with US LLC formation selected and include your country of residence, the state you are considering, and what you will sell. Bring questions about EIN and agents; skip questions that assume a guaranteed processor approval. Those guarantees are not honest.