How to Get a US LLC and EIN Without an SSN (Non-Resident Founder's Guide, 2026)

You don't need to be a US citizen, hold a green card, or have a Social Security Number to own a US company. Every year, founders from Colombia, Mexico, the Dominican Republic, Thailand, and dozens of other countries form US LLCs to sell into the US market, open US bank accounts, and get paid through Stripe and PayPal.

As an Enrolled Agent — the highest credential the IRS issues — I set up non-resident founders with their first US entity and first EIN regularly. This guide walks the entire path, in order, including the two places almost everyone gets stuck: the EIN without an SSN, and the annual filings that carry five-figure penalties if you skip them.

Educational information only, not personalized tax or legal advice — your country, treaty position, and income type change the details.

Why non-residents form US companies

• Payment rails. Stripe, PayPal, and most US payment processors require a US entity, an EIN, and a US bank account.

• Marketplace access. Amazon, app stores, and many B2B customers strongly prefer (or require) a US counterparty.

• Credibility and contracts. US clients sign faster with a US LLC than with a foreign company they can't easily verify.

• Banking. A US business account in USD, without opening a personal US account.

Step 1 — Choose your state (for most founders: Wyoming)

You can form an LLC in any state, but for a non-resident with no US location, two dominate: Wyoming and Delaware. Wyoming's filing fee is $100 with a $60-minimum annual report and no state income tax. Delaware is the standard for venture-backed startups but carries a $300 flat annual franchise tax for LLCs. The full comparison is here: Wyoming vs Delaware for non-resident founders.

Short version: if you're not raising US venture capital, Wyoming is usually the simpler, cheaper choice.

Step 2 — Form the LLC

• File Articles of Organization with the state (online in Wyoming, effective quickly).

• Appoint a registered agent — required by law, someone with a physical address in the state who receives official mail. Expect roughly $99–$125 per year.

• Adopt an operating agreement. It isn't filed with the state, but banks and payment processors ask for it, and it defines ownership — especially important with partners.

Your home address abroad can be the company's principal address. You do not need a US visa, and forming an LLC does not by itself grant any immigration status — for visa questions, consult an immigration attorney.

Step 3 — Get the EIN without an SSN (the step that stalls everyone)

The EIN (Employer Identification Number) is your company's federal tax ID — banks, Stripe, and the IRS all key off it. Here's what most guides get wrong:

• The IRS online EIN application does not work unless the responsible party has an SSN or ITIN. As a non-resident, you can't use it.

• Instead, you file Form SS-4 by fax or mail, writing "foreign" on line 7b where an SSN would go. That's the IRS's own instruction for responsible parties who are ineligible for an SSN or ITIN.

• The IRS says faxed applications are processed in about four business days; in practice, international applications often take several weeks. Anyone promising an "instant EIN" for a non-resident founder is not describing the real process.

One error on the SS-4 — wrong entity classification, missing return fax number, inconsistent name spelling — means starting over. The full process, including the current IRS fax numbers, is here: EIN without an SSN: how the SS-4 fax process really works.

Want this mapped for your situation? Answer 5 quick questions — 2 minutes, no documents, no passport — and an IRS-licensed Enrolled Agent sends you a personal Non-Resident Founder Roadmap, free: Get my roadmap. In a hurry? Book a 15-minute call or call/text (323) 900-0305.

Step 4 — US bank account and Stripe

With the stamped Articles and the EIN confirmation letter (CP-575), you can open a US business bank account — several US institutions onboard non-resident-owned LLCs remotely — and then activate Stripe or PayPal. Each platform asks for slightly different documents, and small mismatches (name spellings, addresses) cause the most rejections. Walkthrough: US bank account + Stripe as a non-resident.

Step 5 — The obligations nobody mentions when they sell you the LLC

This is where cheap formation services leave founders exposed:

• Form 5472 + pro-forma Form 1120. A US LLC with a single foreign owner must file this information return every year, even with zero income. The penalty for not filing is $25,000 per form under current IRS rules. It cannot be e-filed. Details: what US taxes a foreign-owned LLC actually owes.

• State annual report. Wyoming: $60 minimum, due annually.

• W-8 forms. US platforms and clients will ask for a W-8BEN or W-8BEN-E so they don't over-withhold on your payments.

• BOI report — currently not required for you. As of mid-2026, under FinCEN's March 2025 interim rule, US-formed LLCs are exempt from federal beneficial-ownership (BOI) reporting even when foreign-owned; only foreign-formed companies registered in a US state must file. A final rule is pending, so this can change — check the current status before relying on it.

Whether you actually owe US income tax depends on whether you have "effectively connected income" — US-based operations, employees, or agents. Many non-resident service businesses owe little or no US income tax but still owe the filings. That distinction is the whole game.

The realistic timeline

1. LLC formed: days.

2. EIN: weeks (the IRS fax queue sets the pace — plan for it).

3. Bank + Stripe: days once the EIN arrives.

4. First compliance deadlines: your first calendar year-end.

FAQ

Can I really own 100% of a US LLC as a foreigner?

Yes. There is no citizenship or residency requirement to own a US LLC.

Do I need a US address?

You need a registered agent's address in the formation state. Your principal address can be your home country.

Does an LLC give me a visa or the right to work in the US?

No. Ownership is not immigration status. For anything visa-related, consult an immigration attorney.

Can I do all of this myself?

Legally, yes. The failure points are the SS-4 (weeks lost per error) and the Form 5472 ($25,000 penalty if missed). That's exactly the part a licensed professional is for.

How much does professional setup cost?

Software services run roughly $400–$500 plus recurring fees. Our EA-led Foreign Founder Launch Package is $1,495 — Wyoming LLC (state fee included), EIN with no SSN, operating agreement, and a live bank/Stripe walkthrough call in English or Spanish, plus your first-year tax calendar. Already have a US entity and just need the EIN? That's $450. Start with the free roadmap below and we'll confirm exactly what you need — no obligation.

Start here

Answer five quick questions and get your personalized Non-Resident Founder Roadmap, free: Founder intake — 2 minutes. No documents, no passport, no obligation — just the exact steps for your country and goal.

Ready to move now? Our EA-led Launch Package (LLC + EIN + operating agreement + bank/Stripe walkthrough) is $1,495; EIN-only is $450. Book a free 15-minute call with Sabih Shafi, EA, or call/text (323) 900-0305 — English or Spanish, WhatsApp works — and we'll get you started this week.

All State Tax Resolution, Inc. — IRS-authorized Enrolled Agent. Educational content, not legal advice; consult an attorney for legal questions.