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Which states accept owners with no US presence?
All 50 states let a non-resident own and form a US LLC. You do not need a US address, a Social Security number or any physical presence to file. State choice is a fees-and-follow-up decision, not an eligibility one. Stripe's own guide to opening an LLC as a non-resident confirms non-residents can legally form one, and that the process runs much the same as it does for US residents [2].
Quick Answer: Every US state allows a non-resident to form an LLC. You pick a state based on filing fee, annual report cost, privacy rules and whether you need a business court. You must appoint a registered agent with a physical address in that state. No SSN, ITIN or US visit is required to file.
So the real question is not "am I allowed?" It is "which state's paperwork do I want to keep up with for the next five years?"
Three states come up again and again for non-residents:
- Wyoming. Low filing fee, strong privacy, one annual report. Good default for a software or consulting LLC with no US office.
- Delaware. The Court of Chancery and investor-friendly law. Worth it if you plan to raise from US funds. Costs more to maintain.
- New Mexico. No annual report. Cheap to keep alive. Fewer service providers support it well.
Say your business is a one-person SaaS product sold to US customers from Bengaluru. You have no US office, no US staff and no plans to raise. Wyoming gives you a cheap annual obligation and a clean paper trail. Delaware would add franchise tax for a benefit you will never use.
One trap: forming in a state where you actually operate. If you run a warehouse or hire staff in Texas, Texas is your operating state and you need a Texas registration regardless of where you incorporated. Registering in Wyoming does not exempt you from that.
If you want a side-by-side of state fees and what each one demands each year, our US company reference guides break it down.
What information does the state filing actually require?
The state filing needs three things: a unique LLC name, a registered agent with a physical street address in that state, and an organizer who signs. That is it. No SSN, no ITIN, no US bank statement, no visa.
What the Articles of Organization (the form that creates your LLC, called a Certificate of Formation in Delaware) asks for:
- LLC name, ending in "LLC" or "L.L.C." and not already taken in that state.
- Principal office address. This is where the LLC is run from. A foreign address is acceptable in most states.
- Registered agent name and address. Must be a physical address in the formation state, not a PO box.
- Organizer name and signature. The person filing. It does not have to be a member.
Heads-up on the principal office line. Some founders put the registered agent's address there because it is the only US address they have. That is a mismatch waiting to happen. Banks and payment processors compare the principal office on your state filing against the address you give them. If the state record shows a mail-drop suite and your bank application shows a Bengaluru address, expect a review request.
Use your real operating address as the principal office, even if it is overseas. Use the registered agent only for the registered agent field.
Registered agent services and what they cover
A registered agent is a person or company with a physical address in your formation state who accepts legal documents, tax notices and service of process on the LLC's behalf. Every state requires one. It is not a mail forwarding service, and treating it like one causes problems later.
What you are actually paying for:
- A physical street address in the state, on record with the Secretary of State.
- Receipt of service of process, meaning if someone sues the LLC, the papers land somewhere real.
- Forwarding of state mail to your actual inbox.
- Compliance reminders in better packages, which matter more than people think.
Costs sit roughly in the $50 to $300 a year range depending on the provider and whether you bundle formation. That is a provider fee, separate from anything the state charges. Budget it as a recurring cost, not a one-time one. Cancel it and your state record goes stale, which is its own problem.
Applying for an EIN with and without an SSN or ITIN
You can get an EIN (Employer Identification Number, the IRS tax ID for your LLC) without an SSN or ITIN. File Form SS-4 by fax or by mail. The IRS online EIN tool requires a US tax ID, so it is closed to most non-residents. Fax turnaround runs 4 to 8 weeks in practice.
Why the sequence matters here: apply for the EIN before your state filing is approved and the IRS may issue a number under a name the state has not yet accepted. Then your EIN letter says one thing, your Articles say another, and every bank and processor downstream flags it.
Wait for the stamped, approved state filing. Then apply.
How to file SS-4 as a non-resident:
- Complete lines 1 through 9. Use the exact LLC name as it appears on the approved Articles, including punctuation.
- On line 7b (responsible party), if you have no SSN or ITIN, write "Foreign" and give your foreign tax ID where the form allows.
- Attach a copy of the approved state formation document.
- Include a short cover letter with your contact details and a request for the EIN by fax or email.
- Fax it, then keep the fax confirmation. It is your proof of filing date.
Note: the IRS issues the EIN to the LLC, not to you personally. The CP 575 letter (the IRS notice that contains your EIN) is the document banks want. Keep the original PDF forever.
That letter is also what you need before you can file Form 5472 and Form 1120 for a foreign-owned single-member LLC. If you want help with getting an EIN as a non-US resident without an SSN, that step is exactly where most founders lose two months.
Bank account options for owners outside the US
You can open a US business bank account as a non-resident, remotely, with a fintech provider. Traditional banks like Chase or Bank of America usually want you in a branch with a passport and a US address, which is a plane ticket. Fintechs accept an EIN, formation documents and a passport, all uploaded.
The comparison that matters:
| Bank type | Remote opening | Typical documents | Monthly fee |
|---|---|---|---|
| Fintech (Mercury, Wise Business, Relay) | Yes | EIN letter, Articles, operating agreement, passport, proof of address | Varies by provider and plan |
| Traditional US bank | Usually no | Same plus in-person ID check | Check the current fee schedule |
Mercury publishes its own onboarding requirements on its help centre, and those pages change. Read them the week you apply, not the week you plan.
Suppose your LLC is formed in Wyoming, your EIN letter arrived last Tuesday, and you apply to a fintech the same day. The application asks for a business address. You type the registered agent's suite number. The reviewer compares it to the principal office on your Wyoming filing, which says Bengaluru. That is a mismatch, and the application sits in review for two weeks.
Fix: give the same principal office address everywhere. State filing, EIN application, bank application, Stripe. One address, four documents.
If you would rather walk into a branch and sort it in person, in-person US bank account help covers what to bring. For the remote route, start with opening a US business bank account online.
Payment processor requirements that depend on the EIN
Stripe and similar processors need your EIN, a US bank account and a business name that matches across all three. Apply before the EIN is issued and you will be asked to resubmit. Apply with a name mismatch and you will be asked to resubmit. Either way, you lose a week or two.
Stripe's own documentation sets out what it verifies for a US business: the legal entity name, the EIN, the bank account details and a website that describes what you sell. Those are the fields to align before you hit submit.
A practical order that avoids the loop:
- Approved state filing in hand.
- EIN letter (CP 575) in hand.
- US business bank account open and funded.
- Stripe application, with the legal name copied character for character from the Articles.
Note: some processors ask for a US phone number or a US-facing website. Sort both before applying. A one-page site with your product, pricing and contact details clears most reviews.
If Stripe is your main reason for forming the LLC, our Stripe setup guides for non-US founders walk through the account fields in order.
Ongoing state reports and registered agent renewals
Most states require an annual or biennial report plus a franchise tax, and missing them leads to administrative dissolution, meaning the state cancels your LLC's good standing. That is not a fine you pay later. It is your LLC becoming unusable for banking and payments until you reinstate it.
The two deadlines non-residents ask about most:
| State | Annual obligation | Due date |
|---|---|---|
| Wyoming | Annual report and license tax | First day of your anniversary month |
| Delaware | Annual franchise tax, $300 minimum for an LLC | March 1 |
| New Mexico | No annual report | Not applicable |
Check the current official fee on each Secretary of State site before you budget.
Imagine your Wyoming LLC was approved in September. Your annual report is due every September 1st, not every January. Founders who assume a calendar year miss it by eight months and pay a late fee plus reinstatement.
Registered agent renewal runs on its own clock, usually your signup anniversary. Two recurring dates, two different months. Put both in your calendar the week the LLC is approved.
Records a non-resident owner should keep
Keep one digital folder with five documents in it. Banks ask for them, processors ask for them, and the IRS asks for them if you are ever audited.
- Approved Articles of Organization, stamped by the state.
- EIN letter (CP 575) from the IRS.
- Operating agreement, signed by every member, showing ownership percentages and who manages the LLC. Single-member LLCs still need one, and banks ask for it.
- Annual report filings and payment receipts.
- Bank statements for the LLC account.
The IRS recordkeeping guidance in Publication 583 sets out the general rule: keep records that support your filings for at least three years.
Common Mistakes
Filing the EIN before the state approves. The IRS can issue a number under a name the state has not accepted. Wait for the stamped Articles.
Putting the registered agent's address as the principal office. Banks and processors compare addresses across documents. A mail-drop suite against your real overseas address reads as a mismatch.
Mismatching the LLC name. "Acme Labs LLC" on the Articles, "Acme Lab LLC" on the SS-4, "Acme Labs" on Stripe. Copy and paste the name. Do not retype it.
Skipping the annual report. Wyoming and Delaware both administratively dissolve LLCs for non-filing. Reinstatement costs more than the report ever did.
Applying to Stripe before the bank account exists. Stripe needs the US bank account details. No account, no application.
Treating the registered agent as mail forwarding. It is a legal appointment. Cancel it and your state record is out of compliance the same day.
Frequently Asked Questions
Can I form a US LLC without ever visiting the US? Yes. Every state allows remote filing. You need a registered agent with a physical US address in that state, and you can receive documents electronically.
Do I need an SSN or ITIN to get an EIN for my LLC? No. File Form SS-4 by fax or mail. Write "Foreign" on line 7b and give your foreign tax ID where the form allows.
Which state is best for a non-resident LLC? Wyoming for low cost and privacy. Delaware if you plan to raise from US investors. New Mexico if you want no annual report. Match the state to your actual business, not to a blog ranking.
How long does it take to get an EIN as a non-resident? By fax, plan on 4 to 8 weeks. By mail, longer. Do not book a bank application until the CP 575 is in your inbox.
Can I open a US bank account as a non-resident? Yes, remotely, with a fintech provider. Traditional banks usually require an in-person visit. The LLC may make you eligible to apply; approval stays with the bank.
What happens if I miss the annual report? Late fees first, then administrative dissolution. You then file for reinstatement and pay more than the original report cost.
Where to start
Form the LLC in the state that matches how you actually operate. Wait for the stamped filing. Then file SS-4. Then open the bank account. Then apply to Stripe. Four steps, in that order, and you skip most of the rejections non-residents hit.
NexFyla helps non-US founders form US companies and set up EIN and US business banking support. If you want help with US LLC formation, EIN and business setup, NexFyla can assist.
*Last updated: February 2026.*
Related reading
- The Easiest Path to a US LLC for Non-US Residents
- Wyoming LLC Registration for Non Residents: The Filing
- Wyoming LLC for Non US Residents: What Actually Applies
Ready to act on this? US company formation takes the filing, registered agent and paperwork off your desk.