How to Set Up a US LLC as a Non-Resident: A Practical Guide for International Founders

By the Monroe Management team. Published July 7, 2026.

If you are an artist, athlete, or professional building a career in the United States, a US limited liability company (LLC) is often the cleanest way to hold your American income, sign contracts, and get paid in dollars. You do not need to live in the US, hold a green card, or have a Social Security number to own one. What you do need is the right paperwork in the right order, and a clear understanding of a few requirements that trip up most first-time international founders.

This guide covers exactly how a non-resident sets up a US LLC in 2026: which state to choose, how the ITIN and EIN differ, how to get a US address and a registered agent, and how to open a bank account without an SSN. The steps are specific and in the order you will actually do them.

The short version: A non-resident can own a US LLC with no citizenship, residency, or SSN. The core steps, in order: pick a low-cost state (usually Wyoming or New Mexico), appoint a registered agent, get a US business address, file your formation documents, get an EIN by phone or fax using Form SS-4, then open a business bank account remotely. First-year cost outside Delaware is typically $150 to $400.

Why a US LLC makes sense for international founders

An LLC is a US business entity that is legally separate from you as a person. That separation is the whole point. It lets you:

Sign US contracts and receive payments under a business name rather than your personal name.
Keep your American earnings, expenses, and taxes in one place instead of mixing them with income from your home country.
Open a US business bank account and use US payment platforms that expect a domestic entity.
Limit your personal liability if the business is sued or owes money.

For international clients, the entity is usually the foundation everything else sits on. It is where booking fees, prize money, brand deals, appearance income, and royalties land before anything gets paid out. Getting the structure right early saves a lot of cleanup later. This is one of the areas where a business management firm like Monroe Management works alongside clients, coordinating the entity, the banking, and the bookkeeping so the financial side runs quietly in the background.

A single-member LLC owned by a non-resident is treated as a “disregarded entity” by the IRS by default. That means the LLC itself usually does not pay federal income tax. Instead, income and any filing obligations flow to you as the owner. Whether you owe US tax depends on the nature of your income and your home country’s tax treaty with the US, which is a conversation for a licensed tax professional rather than a generalization in a blog post.

Choosing your state: Wyoming vs. Delaware vs. New Mexico

For most non-resident founders who are not raising outside investment, Wyoming is the default choice, New Mexico is the cheapest to maintain, and Delaware is only worth its higher cost if you plan to raise money from US venture funds.

You can form an LLC in any of the 50 states, and as a non-resident you are not tied to any of them by where you live. Three states come up again and again for founders who have no physical US office and no US team. Here is how they actually compare on the numbers that matter. You can verify current fees on each state’s registry: the Wyoming Secretary of State, the New Mexico Secretary of State, and the Delaware Division of Corporations.

Factor

Wyoming

New Mexico

Delaware

Filing fee (one time)

About $100

About $50

About $110

Annual state fee

$60 minimum annual report

None

$300 franchise tax, due June 1

Annual report required

Yes

No report, but franchise tax is due

Owner privacy

Member names not in public records

Strongest anonymity, no member disclosure

Member names not in public filings

State income tax

None

None on out-of-state income

Best known for

Low cost plus strong asset protection

Lowest ongoing cost and maximum privacy

Established business courts, preferred by investors

Registered agent

About $50 to $150 per year

Fees are current as of July 2026. Check the state registry before you file, since amounts drift over time.

A few practical notes on this comparison:

Wyoming is the default recommendation for most non-resident founders who are not raising outside investment. The ongoing cost is low, member names stay out of public records, and the state has decades of settled LLC law. The $60 annual report is the minimum; it can rise if you hold significant assets inside Wyoming, which most international founders do not.

New Mexico is the cheapest to maintain. There is no annual report and no recurring state fee, and it offers the strongest owner anonymity of the three. The trade-off is that it is less famous, so occasionally a bank or a payment platform will ask a few extra questions about a New Mexico entity it does not see as often.

Delaware carries a $300 annual franchise tax, the highest of the three, and it is usually only worth that premium if you plan to raise money from US venture funds, who are comfortable with Delaware’s legal framework. For an individual artist, athlete, or consultant, that premium rarely buys anything you will use.

The registered agent fee is roughly the same in every state, so it should not drive your decision. Unless you have a specific reason to be in Delaware, Wyoming or New Mexico will serve most non-resident founders better and cheaper.

How to set up a US LLC as a non-resident, step by step

In order: pick a state and name, appoint a registered agent, get a US business address, file your formation documents, get your EIN, open a bank account, and get an ITIN only if you later need one. The order matters, because a few of these steps depend on the one before it.

1. Pick your state and your LLC name

Choose from the comparison above, then check that your desired name is available on that state’s business registry. Have a second and third choice ready, since exact names get taken.

2. Appoint a registered agent

Every US LLC must have a registered agent with a physical street address in the state of formation. This is the official contact that receives legal documents and state notices on your behalf. As a non-resident you will hire a commercial registered agent service, which typically costs $50 to $150 per year. Most formation providers include the first year.

3. Get a US business address

A registered agent address is only for legal mail. For everything else, banks, payment platforms, vendors, and the IRS, you want a real US commercial street address that can receive and scan your mail. This is a virtual business address, and it must be a genuine street address, not a PO Box. Use this same address consistently across your formation documents, your tax ID application, and your bank account. Consistency is what makes your entity look legitimate to banks and the IRS.

4. File your formation documents

Submit the Articles of Organization (called a Certificate of Formation in Delaware) to the state, pay the filing fee, and wait for approval. This can be done entirely online, usually within a few business days. Once approved, your LLC legally exists.

5. Get your EIN from the IRS

The EIN is the federal tax identification number for your business, issued by the IRS. You need it to open a bank account, work with payment platforms, and file. You do not need an SSN or an ITIN to get one. The EIN is for the business; the ITIN is a separate personal number that you may never need.

The catch is that the IRS online EIN tool requires the responsible party to already have an SSN or ITIN, which most non-residents do not. So instead you complete Form SS-4 and submit it by fax or by phone. Three things to know:

Phone is fastest. Non-residents can call the IRS international line at +1 267-941-1099 and, in many cases, receive the number on the same call.
Fax is the backup. It typically takes a few business days if you include a return fax number.
Fill the form correctly. Leave the SSN or ITIN field blank and write “Foreign” where the form asks for the responsible party’s identification number.

6. Open your US business bank account

With your approved LLC and your EIN in hand, you can open a business account. Traditional US banks usually require you to appear in person at a branch, which is impractical from abroad. Non-residents typically use fintech platforms built for remote setup, which verify your identity online and open the account without a US trip. You will generally need your formation documents, your EIN confirmation letter, your US business address, and a passport.

7. Sort out an ITIN only if you actually need one

An ITIN is a personal tax identification number for individuals who have a US tax filing obligation but are not eligible for an SSN. Note that this is about you as a person, not your business, which uses the EIN. You do not need an ITIN to form the LLC or to open a bank account. You may need one later if your personal situation creates a US filing requirement, for example if you need to file a US individual return or claim a treaty benefit. Apply for it when a specific filing requires it, not before, and ideally with a professional who can confirm the requirement.

Mistakes international founders make

These are the errors that cost people the most time and money. Most are avoidable if you know them going in.

Doing the steps out of order. You cannot get an EIN before the LLC is approved, and you cannot open a bank account before you have the EIN. Trying to skip ahead just means restarting. In practice, the most common version of this is applying for the tax ID before the formation is approved, then having to redo the SS-4 with the correct entity name.
Confusing the ITIN and the EIN. The EIN is for the business and is what banks want. The ITIN is a personal number you may never need. Chasing an ITIN you do not need can delay everything else by months.
Using the registered agent address as the business address. The IRS does not accept a registered agent address as your business address on Form SS-4, and banks treat it as a red flag. Use a proper virtual business street address instead.
Choosing Delaware by default. Delaware is famous, so first-timers assume it is the right pick. Unless you are raising US venture money, you are usually paying the $300 annual franchise tax for prestige you will not use.
Ignoring the annual filing. An LLC is not “set and forget.” Miss your Wyoming annual report or your Delaware franchise tax and the state can dissolve your entity, which unwinds your bank account and contracts. Put the date in your calendar the day you form.
Assuming a US LLC erases home-country obligations. Owning a US entity does not remove your tax duties where you live. The two systems run in parallel, and a cross-border tax professional should look at both.
Mixing personal and business money. Paying personal costs from the business account weakens the liability protection that was the reason to form the LLC in the first place. Keep the accounts separate from day one.

What it costs, roughly

For a realistic first-year budget outside of Delaware, expect the state filing fee (about $50 to $110), a registered agent (about $50 to $150), and a virtual business address (often $10 to $30 per month). Getting the EIN yourself is free. Many founders use a formation service that bundles these for a few hundred dollars total. Delaware adds its $300 annual franchise tax on top.

Ongoing, budget for the registered agent, the virtual address, your state’s annual fee if it has one, and bookkeeping, or hand the business and financial management to a firm that does it for you. None of it is large, but it is recurring, and letting any piece lapse is where problems start.

US LLC setup for non-residents: the bottom line

Setting up a US LLC as a non-resident is a well-worn path, and the entity itself is straightforward. The parts that catch people out are the sequence, the address requirements, and the ITIN-versus-EIN confusion, all of which are solved by knowing them in advance. Keep the annual filings current and keep the money separate, and the structure will hold up.

For artists, athletes, and professionals whose careers are already moving quickly, the entity is rarely the interesting part of the day, and it does not need to be. Monroe Management handles this groundwork for its international clients so the business runs cleanly while they focus on the work that brought them to the US in the first place.

If you would rather have this groundwork handled end to end, get in touch.

Frequently asked questions

Can a non-US resident open an LLC without an SSN?

Yes. No state requires US citizenship, residency, or a Social Security number to own an LLC. You form the entity through a registered agent, then get an EIN for the business without an SSN by submitting Form SS-4 to the IRS by phone or fax.

Do I need to travel to the US to form an LLC?

No. Formation, the EIN, and most business banking for non-residents can all be done remotely. Traditional banks often require an in-person visit, but fintech platforms built for non-residents open accounts online without a US trip.

What is the difference between an ITIN and an EIN?

The EIN is a tax identification number for your business, issued by the IRS, and it is what you use to open a bank account and file business paperwork. An ITIN is a personal tax number for an individual who has a US filing obligation but cannot get an SSN. You need an EIN to run the LLC; you may never need an ITIN.

Which state is best for a non-resident LLC?

For most non-resident founders who are not raising US investment, Wyoming or New Mexico is the better choice because of low ongoing cost and strong owner privacy. Delaware is mainly worth its higher annual cost if you plan to raise money from US venture funds.

Can I open a US business bank account without visiting the US?

Yes, in most cases. Once your LLC is approved and you have your EIN, several fintech platforms verify your identity online and open a US business account remotely. You will usually need your formation documents, EIN letter, US business address, and passport.

About this guide: Monroe Management sets up US entities, banking, and business management for the international artists, athletes, and professionals it represents. This guide reflects the setup process as it stands in 2026.

This article is general information, not legal or tax advice. Rules and fees change, and every founder’s situation is different. Before you form an entity or make a tax decision, consult a licensed attorney or tax professional in the relevant jurisdictions.

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