You do not need to live in the United States, hold a U.S. visa, or have a Social Security number to form a U.S. company. Many founders living abroad complete US company registration entirely from their home country, and the mechanics are more procedural than most people expect. This article walks through those mechanics from start to finish: what gets filed, with whom, in what order, and which pieces tend to slow down founders who are working remotely.
It also explains where the business-side steps stop and the legal questions begin. If you are forming a company in connection with an E-2, L-1, EB-5, or similar immigration matter, the choices you make about entity type, ownership, and timing can carry immigration consequences, and those are questions for a licensed immigration attorney.
What “registering a US company” actually means
In the United States, companies are formed at the state level, not the federal level. There is no national company registry. You choose a state, file a formation document with that state’s business filing office (usually the Secretary of State), and the state returns evidence that the formation filing was accepted.
The two structures most commonly used by founders are the limited liability company (LLC) and the corporation. Each has different governance rules, different tax treatment by default, and different implications for how ownership is documented. For ordinary general-purpose LLCs and corporations, state formation law does not generally require owners to be U.S. citizens or residents, which is why it is possible to form a US company as a non-resident without traveling. Special entity types and regulated businesses can carry their own restrictions, which is one more reason to review your plans with counsel.
After the state accepts the filing, a second, separate step happens at the federal level: the company applies to the Internal Revenue Service (IRS) for an Employer Identification Number (EIN). The state registration and the EIN together are what most people mean when they say a company is “registered.”
Step 1: Decide on the state and the entity type (with your attorney)
The first two decisions are which state to form in and whether to form an LLC or a corporation. Founders often hear that Delaware, Wyoming, or Nevada are popular for out-of-state owners, and that forming in the state where the business will physically operate avoids a second registration later. Both points are true in general, but neither answers the question for your situation.
For a founder pursuing an immigration matter, these choices interact with legal questions: how ownership percentages are documented, whether the structure supports the specific visa category being pursued, and how the entity will be described in the petition or application. ISS does not advise on entity type, state of formation, or ownership structure. Those decisions belong to you and your immigration attorney, often with input from a tax professional as well.
Step 2: Choose a name and appoint a registered agent
Every state requires the company name to be distinguishable from names already on file in that state, and most states offer a free online search to check availability. Names typically must also include a designator such as “LLC” or “Inc.” that matches the entity type.
Every state also requires a registered agent: a person or company with a physical street address in the state of formation who is available during business hours to receive legal and official mail on the company’s behalf. A founder abroad will usually need a commercial registered agent unless the founder can independently satisfy the formation state’s registered-agent requirements. Commercial registered agent services exist in every state for exactly this reason, and they charge an annual fee. The registered agent’s address is not the same as your business address, and it does not make the agent an owner or manager of the company.
Step 3: File the formation document with the state
For an LLC, the formation document is usually called Articles of Organization (some states use “Certificate of Formation”). For a corporation, it is usually called Articles of Incorporation or a Certificate of Incorporation. Most states accept these filings online. A foreign address may be accepted for owners or other listed parties, depending on the state and the information required by its formation form. The registered agent must have the address required by that state’s law.
The filing asks for basic information: the company name, the registered agent, the entity’s purpose (often a general statement), and, depending on the state, the names of organizers, members, managers, or initial directors. States charge a filing fee that varies widely, from well under one hundred dollars in some states to several hundred in others, and many offer expedited processing for an additional fee. Processing times also vary by state and by season, from same-day online approvals to several weeks for mailed filings.
Once approved, the state returns a stamped or certified copy of the filed document. Keep it. Use it to make sure the legal name and formation details are entered consistently on Form SS-4, keep it ready for the checking account application, and expect that your immigration attorney may use it as evidence of the entity’s existence in a business-related filing.
Step 4: Apply for an EIN as an international applicant
The EIN is a nine-digit federal tax identification number issued by the IRS. A company needs it to open a business checking account, hire employees, file federal tax returns, and complete most other business transactions. The application is Form SS-4, Application for Employer Identification Number.
This is the step that most often trips up founders working from overseas, because the IRS’s online EIN application is available only to applicants with a legal residence, principal place of business, or principal office or agency in the United States or its territories. A founder living abroad whose company does not yet have a U.S. principal place of business generally cannot use the online tool and must apply another way.
According to the IRS Instructions for Form SS-4, international applicants have three options. They can apply by telephone at the IRS international EIN line (a non-toll-free number, currently 267-941-1099), which the IRS lists as open 6:00 a.m. to 11:00 p.m. Eastern time, Monday through Friday; this is the only situation in which the IRS still issues EINs by phone. They can fax the completed Form SS-4, and the IRS states that under its Fax-TIN program an EIN is generally returned by fax within four business days. Or they can mail the form; the IRS estimates receipt of the EIN by mail in approximately four weeks and advises applicants to complete Form SS-4 at least four to five weeks before they need the number.
The form asks for a “responsible party,” the individual who controls or manages the entity. The IRS instructions direct a foreign responsible party who does not have and is not eligible for a Social Security number or Individual Taxpayer Identification Number to enter “foreign” or “N/A” on line 7b. In practice, this means a founder abroad can obtain an EIN for the company without first obtaining a personal U.S. tax number.
Step 5: Put the internal documents in place
The state filing creates the company, but it does not describe how the company is owned or run. That is the job of the internal governing documents: an operating agreement for an LLC, or bylaws plus organizational resolutions and share issuance records for a corporation. Most states do not require these to be filed publicly, but they are what a checking account provider, an investor, or an immigration adjudicator will typically ask to see when they want to understand who owns and controls the business.
For a founder in an immigration matter, these documents matter more than usual. Ownership percentages, capital contributions, and management authority are frequently central to the legal case, and the way they are written should be reviewed by your immigration attorney before they are finalized.
Step 6: Apply for a business checking account
A U.S. business checking account is usually the next practical need. Traditional banks often require an in-person visit and a U.S. address for the signer, which is a real obstacle for someone who has not yet relocated. Some financial technology companies offer business checking accounts through a fully remote application process, and these are available to founders from most countries, though eligibility restrictions exist for certain countries and the provider makes the final decision on every application.
Applications generally require the state-issued formation document, the EIN confirmation letter from the IRS, the internal governing documents, and identity documents for the owners. Having these materials ready before applying can help reduce delays caused by incomplete documentation.
Step 7: Understand the ongoing obligations
Forming the company is the beginning of a compliance calendar, not the end of one. Most states require an annual or biennial report and fee to keep the entity in good standing, and some states impose a separate franchise tax regardless of whether the company earned income. Missing these can lead to administrative dissolution, which is a serious problem if the company is the basis of a pending immigration case.
Forming in one state also does not settle the question of where the company must be registered. If the company does business in a state other than its formation state (for example, by opening an office or employing people there), that state may require the company to register as a foreign entity, a step commonly called foreign qualification. Foreign qualification usually brings its own registered agent requirement, filing fees, periodic reports, and potential state tax obligations. What counts as doing business varies from state to state, so this is a question to raise with your attorney and tax professional before you commit to a formation state.
Federal reporting also applies. As of August 14, 2026, FinCEN’s final rule under the Corporate Transparency Act limits beneficial ownership information (BOI) reporting to entities formed under foreign law that register to do business in the United States. Under that rule, a company formed under U.S. state or Tribal law is exempt from BOI reporting, even if its owners live abroad. Because this area has changed several times since 2024, confirm the current status with your attorney at the time you form the company.
On the tax side, a foreign-owned U.S. disregarded entity (such as a U.S. LLC with a single foreign owner that has not elected corporate treatment) generally must file Form 5472 attached to a pro forma Form 1120 when it has a reportable transaction. This can apply even if the entity has no U.S. income, because certain owner contributions, distributions, and other transactions may be reportable. Corporations file their own returns. A tax professional experienced with foreign-owned U.S. entities should be part of the picture early.
How this fits into an immigration matter
Forming the entity is one of several business-side pieces that commonly appear in investor and entrepreneur immigration cases. The E-2 treaty investor visa, the L-1 intracompany transferee visa, and the EB-5 immigrant investor program each involve a U.S. business, and each has its own legal requirements about ownership, investment, and business activity. Whether a particular company, structure, or investment satisfies those requirements is a legal determination that only a licensed immigration attorney can make for your situation.
Organizing the entity records, EIN documentation, and checking account application materials can help reduce delays caused by missing business documentation. This is where ISS fits. Immigration Support Services Inc. is a business support services company that assists individuals and immigration attorneys with the business-side components of immigration matters, including immigration business plans, business entity registration, and business checking account application assistance. ISS coordinates these business-side services in one place and works alongside your immigration attorney, who remains responsible for all legal strategy and filings.
For entity registration specifically, ISS facilitates the process through a document-filing provider: ISS signs you as a client and introduces you to the provider, who works with you directly to file the formation documents in the state you have chosen and to submit the EIN application to the IRS. You remain solely responsible for selecting the entity type, state of formation, and ownership structure.
Frequently Asked Questions
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- Q: Can I form a US company without a US visa or Social Security number?
- A: In general, yes. State formation filings for ordinary LLCs and corporations do not ask for immigration status, and the IRS allows a foreign responsible party without a Social Security number or ITIN to apply for an EIN using the telephone, fax, or mail channels described above. Forming a company does not by itself create any immigration status or right to work in the United States, and whether a company supports a particular visa case is a question for your immigration attorney.
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- Q: Do I have to travel to the United States to complete the registration?
- A: No step in the sequence described in this article requires physical presence. State filings are accepted online in most states, the EIN can be obtained remotely through the IRS’s international channels, and some financial technology companies accept business checking account applications remotely. The provider makes the final decision on any account application, and eligibility restrictions exist for certain countries.
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- Q: Can I act as my own registered agent from abroad?
- A: Usually not in practice. A registered agent must have a physical street address in the formation state and be available there during business hours, which a founder living overseas typically cannot provide without a U.S. presence. Most founders abroad appoint a commercial registered agent, which is a routine, fee-based service available in every state.
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- Q: Will ISS tell me whether to form an LLC or a corporation?
- A: No. ISS does not advise on entity type, state of formation, or ownership structure, because those choices can carry legal and tax consequences, including for an immigration case. You make those decisions with your immigration attorney and, where appropriate, a tax professional. Once you have decided, ISS can introduce you to a document-filing provider who works with you directly to file the formation documents and apply for the EIN.
Conclusion
Foreign founder company registration comes down to a predictable sequence: choose a state and structure with your attorney, secure a name and registered agent, file the formation document, obtain an EIN through one of the IRS’s international application channels, put governing documents in place, apply for a checking account, and keep up with state and federal reporting. None of those steps requires you to be physically present in the United States. What they do require is organization, correct sequencing, and a clear line between the business tasks you can delegate and the legal questions you should bring to counsel.
If you are preparing to open a US company from overseas as part of an immigration matter and want the business-side pieces handled in one place, you can schedule a consultation with ISS at immigrationsupportservices.com/schedule/.
Related resources on immigrationsupportservices.com
If you want to go deeper on the business-side pieces discussed here, these ISS pages are the natural next reads. The Business Entity Registration service page explains how ISS facilitates LLC or corporation formation and the EIN application through a document-filing provider. The Business Checking Account Application Assistance service page describes the remote application process and what documents to have ready. The Immigration Business Plan service page covers what a plan typically includes and how the first-draft timeline works once your documents and intake questionnaire are submitted. Each page is on immigrationsupportservices.com, and the editor will link the live pages before publication.
Immigration Support Services Inc. is not a law firm and does not provide legal advice or legal representation. The information in this article is for general educational purposes only. Immigration laws change frequently, and legal questions should be directed to a licensed immigration attorney.
