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You do not need to live in the United States, hold a green card, or have a Social Security Number to own a US company. I'm a Brazilian founder and I formed my US LLC from outside the traditional path — EIN and all. This is the exact sequence, in order, with the decisions that actually matter and the traps that cost people months.
This is a practical playbook, not legal or tax advice. Your situation may differ — confirm specifics with a qualified professional. See our terms.
Step 1 — Choose LLC vs C-corp (most non-residents want an LLC)
For a solo founder selling services, software, or products online, a single-member LLC is almost always the answer: simple, cheap, and — when owned by a non-resident with no US operations — often not subject to US federal income tax on foreign-sourced income (this is the part to confirm for your case). Choose a C-corp only if you're raising venture capital or issuing equity.
Step 2 — Pick the state
You can form in any state; you don't have to live there. For a non-resident with no physical US presence, the practical choices are:
- Wyoming — low fees, strong privacy, no state income tax. The default for most non-resident solo founders.
- Delaware — the standard if you'll raise money or want the most recognized legal framework.
- New Mexico / Florida — low cost; Florida if you expect any US physical nexus.
Don't overthink this. Wyoming is the safe default and you can operate anywhere from it.
Step 3 — Form the company
You have two paths. Do it yourself directly with the state (cheapest, more paperwork and a registered agent to arrange), or use a formation service that specializes in non-residents and bundles the registered agent, EIN, and banking intro.
For a non-resident, the specialist services are worth it because they solve the EIN and banking friction you'd otherwise fight alone:
- doola — done-for-you LLC + EIN + compliance, built for non-US founders.
- Firstbase — formation plus an ongoing back office.
- Globalfy — non-resident specialist that accepts a W-8BEN, which makes it especially straightforward for founders from Brazil and Latin America.
Full head-to-head: doola vs Firstbase vs Globalfy vs Stripe Atlas. On a tight budget and comfortable with more DIY, US-based filers like Bizee or ZenBusiness also work — you just handle the EIN and banking yourself.
Step 4 — Get an EIN without an SSN
This is where most non-residents get stuck, and it's simpler than it looks. The online IRS EIN tool requires an SSN or ITIN — but you don't need it. You file Form SS-4 by fax or mail, leave the SSN/ITIN line blank, and write “Foreign” where it asks for the responsible party's taxpayer ID. The IRS issues the EIN. By fax it typically takes a few business days; by mail, weeks.
A formation service like doola handles this for you — worth it purely for skipping the fax dance with the IRS. Deeper walkthrough: EIN without an SSN + banking.
Step 5 — Open US business banking
With the LLC formed and the EIN in hand, you can open a US business account remotely. Mercury and Wise Business are the two most non-resident-friendly options; Relay is a solid third. Eligibility varies by country and can change, so have your EIN, formation docs, and passport ready. Full comparison: Best US business bank account for non-residents.
Step 6 — Stay compliant (don't skip this)
A foreign-owned single-member US LLC has a specific, easy-to-miss obligation: you must file Form 5472 together with a pro-forma Form 1120 every year, even with zero US tax due. The penalty for missing it is steep ($25,000). Also keep your registered agent active and file any state annual report. This is the part DIY founders forget — a service that bundles compliance (doola, Firstbase) earns its fee here, or hand it to a bookkeeper. Tools like QuickBooks keep the books ready for it.
The whole path, in order
LLC in Wyoming → EIN via SS-4 (no SSN needed) → Mercury or Wise for banking → Form 5472 each year. A non-resident can be fully operational in a few weeks, most of it remote. If you want it done for you end-to-end, doola is the fastest path; if you want to compare first, start with the formation comparison.
FAQ
Do I need a US address or phone?
Not to form the LLC. A registered agent (included with formation services) covers the address requirement. Some banks like to see a US address; a virtual one or your agent's can work.
Do I need an ITIN?
Not to form the LLC or get the EIN. You may need an ITIN later for certain tax filings or personal situations — but it's not a prerequisite to start.
Will I owe US tax?
A non-resident-owned LLC with no US presence and only foreign-sourced income often owes no US federal income tax — but you still must file Form 5472. This depends on your facts; confirm with a cross-border accountant.