US Entity Formation — Foreign Nationals

The American
labyrinth,
navigated.

Forming a US company from abroad isn't filling out a form. It's a system of interlocking federal, state, and tax obligations most attorneys won't explain until you're already lost.

Articles of Incorporation — Delaware
EIN Assignment — IRS Form SS-4
Registered Agent Agreement
Pending Review
Articles of Organization·Registered Agent·EIN Assignment·ITIN Requirements·Operating Agreement·Banking Compliance·State Filing Fees·FinCEN BOI Report·Foreign Ownership Restrictions·Biannual Reports·Tax Treaty Analysis·Withholding Obligations·Articles of Organization·Registered Agent·EIN Assignment·ITIN Requirements·Operating Agreement·Banking Compliance·State Filing Fees·FinCEN BOI Report·Foreign Ownership Restrictions·Biannual Reports·
What makes this difficult
Federal Layer

The IRS doesn't make it easy for non-residents

Without a Social Security Number, obtaining an EIN requires Form SS-4 submitted by mail or fax. Processing delays of 4–8 weeks are common. Without an EIN, you cannot open a US bank account. Without a bank account, your company barely exists commercially.

State Layer

50 states. 50 different sets of rules.

Delaware, Wyoming, New Mexico, Florida — each jurisdiction has distinct formation requirements, annual obligations, franchise taxes, and compliance windows. The wrong state choice compounds every subsequent decision about banking, taxation, and privacy.

Compliance Layer

New federal requirements most miss

Since January 2024, FinCEN's Beneficial Ownership Information (BOI) reporting mandate applies to most new entities. Foreign-owned single-member LLCs carry additional IRS disclosure obligations under Form 5472. Missing these isn't a technicality — it's thousands in penalties.

How we work

Initial consultation & jurisdiction analysis

We begin by understanding your business model, country of residence, banking intentions, and tax situation. The right entity type and state aren't universal — they depend on what you're actually building.

1–2 days

Document preparation & state filing

Articles of Organization or Incorporation, Operating Agreement, Registered Agent appointment — prepared precisely, filed correctly. We handle the correspondence with the state directly.

3–7 business days

Federal employer identification number

EIN acquisition for non-US persons requires a specific pathway. We prepare and submit the correct form through the correct channel to avoid the delays that kill most foreign applicants' timelines.

Critical path item

Banking & payments readiness brief

We provide a tailored brief on US banking options available to your entity type and jurisdiction — Mercury, Relay, Stripe Atlas — along with what documentation each institution will require from a foreign national.

Included

Compliance calendar & handoff

Every entity has ongoing obligations — annual reports, registered agent renewals, BOI updates, tax filings. We deliver a plain-language compliance calendar so nothing slips after formation.

Included
Common structures for foreign founders
C-Corp
C Corporation
Required for VC-backed startups. Delaware is the near-universal choice. More complex governance and reporting. Double taxation applies unless structured carefully. Standard for equity-issuing companies.
S-Corp
S Corporation
Pass-through taxation with corporate structure. Notable restriction: foreign nationals cannot hold S-Corp shares. This eliminates the option for most non-US founders without US permanent residency.

Begin
your
inquiry.

We respond to every inquiry within one business day. No automated responses. A qualified advisor will review your situation and outline exactly what's required in your specific case.

ResponseWithin one US business day
LanguagesEnglish, Spanish, Mandarin
JurisdictionsAll 50 US states
ExperienceClients in 40+ countries
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