How to Form an LLC as a Non-US Resident: Complete Guide

TL;DR: If you’re a non‑US resident and want to form an LLC in the United States, you can do it 100% online. Choosing the right state (we recommend Wyoming), completing formation documents, getting an EIN, and opening a US business bank account are the main steps — and services like Rely can handle most of the work for you.

Estimated reading time: 8–10 minutes

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Lo que vas a aprender

• Why many international founders choose Wyoming to form an LLC and how to pick a state.
• The exact requirements to form an LLC as a non‑US resident and the documents you’ll need.
• How to get an EIN as a foreign owner and practical tips for opening a US bank account.
• A step‑by‑step checklist you can follow, and how Rely simplifies each step.

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Context: why form a US LLC as a non‑resident?

If you’re running a digital business, exporting services, or selling online, a US LLC for foreigners offers credibility with US customers and partners, simpler contracts, and easier access to US payment processors and bank accounts. For many entrepreneurs the question is not whether to create a US entity, but how — especially when you’re a LLC non‑US resident or want to create LLC abroad that operates with US banking and payments.

Common pain points:

• State selection confusion (Delaware vs Wyoming vs Nevada).
• Unclear rules about EINs (Employer Identification Numbers) for non‑residents.
• Trouble opening a US bank account remotely.
• Time delays, paperwork and needing to travel to the US.

Below I’ll walk through practical, actionable steps to form an LLC as a non‑US resident and how to avoid common pitfalls.

Choosing the state: why we recommend Wyoming

When you want to form LLC foreigner-friendly and efficient, state choice matters. Three common states are Delaware, Nevada, and Wyoming. For most non‑US residents I recommend Wyoming.

Why Wyoming?

• Low recurring fees and simple maintenance — Wyoming’s annual fee structure is straightforward.
• Privacy — Wyoming allows for more owner privacy than many states (it does not require disclosure of all members in public filings).
• Favorable LLC laws — Wyoming is known for business‑friendly statutes and strong asset protection features often cited by attorneys.
• No state personal income tax — Wyoming has no state income tax for individuals, which can simplify matters for single‑member LLCs (confirm tax implications with a professional).

Quick comparison (high level):

Note: State filing fees and requirements change. Always verify current fees with the chosen state or your formation service.

Requirements: what you need to form an LLC as a non‑US resident

Basic formation items

• Company name that complies with state rules.
• Registered agent with a physical address in the state (mandatory). This is the agent who receives official mail and legal notices.
• Articles of Organization (or Certificate of Formation) filed with the state secretary.
• Operating Agreement (internal document — recommended even if not required).
• Beneficial Ownership Information Report (BOIR) or BOI compliance under federal rules (if applicable).
• Payment of state filing fees.

Identification & documentation

• Valid passport (for bank ID, and sometimes for documentation).
• Proof of address (utility bill or bank statement), depending on bank requirements.
• Copies of formation documents (Articles, Operating Agreement) once the state files your LLC.

Step‑by‑step: how to form your US LLC (actionable)

Below is a streamlined process for a non‑US resident to create LLC abroad and operate it in the US.

1. Choose a state (Wyoming recommended) and confirm name availability.
2. Appoint a registered agent in that state.
3. File Articles of Organization with the state secretary (online or by mail).
   • Timeline: state processing varies; Wyoming is typically fast. If you use a formation service, standard is 5–7 business days; expedited can be 1 business day.
4. Draft an Operating Agreement (essential for multi‑member or single‑member clarity).
5. Prepare and submit any required Beneficial Ownership information (BOIR).
6. Obtain an EIN (Employer Identification Number) from the IRS.
   • For non‑US residents: you can apply for an EIN using Form SS‑4. If you don’t have an SSN or ITIN, the IRS process is slightly different — often requiring an application by fax or phone. Many formation services obtain the EIN on your behalf.
   • Important: If you plan to hire US employees or open certain bank accounts, the EIN is mandatory.
7. Open a US business bank account (online or in person).
   • Prepare to present formation documents, EIN, passports for owners, and proof of address.
   • Some fintech banks (e.g., Mercury or Relay) allow remote onboarding for foreign‑owned LLCs; traditional US banks often require an in‑person visit.
8. Set up accounting, payment processors (Stripe, PayPal), and compliance tasks (annual reports, state taxes).
9. Consult a tax advisor to understand US federal tax obligations and any tax treaties that apply to your country.

Practical tips and examples

• Example timeline if you do it yourself: choose state and name (1 day), file Articles (2–14 days depending on state), EIN (1–4 weeks if manual), bank account (depends — remote fintechs: days; traditional bank: may need US visit).
• Use an appointed registered agent service to avoid missing legal notices.
• Keep the Operating Agreement and BOIR accessible — banks and service providers will ask for them.
• Consult a tax professional for cross‑border taxes and VAT/sales tax nuances.

Banking as a non‑US resident

Opening a US bank account is often the trickiest step for foreign owners.

Options:

• Fintech banks (Mercury, Relay, etc.): Often more flexible for remote onboarding and widely used by international founders. They typically require formation documents, EIN, and ID.
• Traditional US banks: May require an in‑person visit, secondary documents, and additional KYC checks.
• International banks with US branches: Can sometimes open US accounts based on relationship with your local bank.

What banks typically ask for:

• Certificate of Formation / Articles
• Operating Agreement
• EIN
• Passport and proof of address for beneficial owners
• Sometimes a US mailing address

If you anticipate needing cash deposits, checks, or a full brick‑and‑mortar relationship, plan for a possible US visit.

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Cómo Rely te ayuda

Rely simplifies the entire process of forming a US LLC international entrepreneurs need. Rely’s plans (from USD 449 to USD 649) include LLC formation, a registered agent, obtaining the EIN, and delivery of legal documents like the Operating Agreement and BOIR — plus email/chat support to answer questions. The process is 100% online, so no travel to the US is required.

Some Rely plans also help open a bank account with partners such as Mercury or Relay, which is often the hardest step for non‑US residents. Standard formation time is 5–7 business days, and with express service Rely can form your LLC in 1 business day, meaning you can be operational in less than 5 days. This centralizes the most tedious parts: filings, EIN application, and initial compliance paperwork.

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Próximos pasos

Ready to get started? Follow this short checklist and take action:

1. Decide if Wyoming is right for your business.
2. Gather passport, address proof, and a preferred company name.
3. If you want a fast, fully managed setup, start the process with Rely.

Visit Rely to compare plans and begin forming your US LLC today. If you have complex tax or legal questions, it’s recommended to consult a local tax advisor or attorney.