How to Start an LLC in the United States: A Step-by-Step Guide

Forming a Limited Liability Company (LLC) in the United States is one of the most powerful steps you can take as an entrepreneur. An LLC separates your personal assets from your business liabilities, establishes your company as a legal entity, and opens the door to business banking, credit, and contracts in the U.S.

The good news: you don't need to live in the United States to form an LLC. Non-residents from Latin America and around the world can complete the entire process online. Here's exactly how to do it.

Step 1: Choose Your State

The first decision is which U.S. state to form your LLC in. You are not required to form in the state where you live — and as a non-resident, you likely want to form in a state with favorable laws and low costs.

Wyoming is the top choice for most non-resident entrepreneurs because:

• No state income tax
• Very low annual fees (~$60/year)
• Strong asset protection and privacy laws
• No requirement to disclose members' names publicly
• Simple annual reporting

Delaware is popular for businesses seeking investment or planning to scale significantly:

• Well-established business law (most corporate disputes use Delaware case law)
• Preferred by venture capital firms and institutional investors
• $90 annual franchise tax
• No sales tax

Florida makes sense if you plan to operate in Florida or want access to Florida banking relationships. Annual fee is around $138.

Bottom line for most non-residents: Start with Wyoming. It's the cheapest, most private, and simplest to maintain.

Step 2: Choose Your LLC Name

Your LLC name must be unique within the state you're forming in. The name must include "LLC," "L.L.C.," or "Limited Liability Company." You can check name availability on your state's Secretary of State website before filing.

Tips for choosing a good name:

• Keep it professional and easy to spell
• Check that the domain name (.com) is available
• Avoid names too similar to existing businesses
• Search for trademark conflicts on the USPTO website

Step 3: Appoint a Registered Agent

Every LLC is legally required to have a Registered Agent in the state of formation. The Registered Agent is the official point of contact for legal notices and government correspondence.

As a non-resident, you almost certainly need to hire a Registered Agent service. These services typically cost $50–$150/year and handle all compliance notifications for you. Popular options include Northwest Registered Agent, Registered Agents Inc., and many others.

You cannot use your own name or a P.O. Box as the registered agent — it must be a physical street address in the state, and someone must be available during business hours to receive documents.

Step 4: File Your Articles of Organization

The Articles of Organization (sometimes called Certificate of Formation) is the official document that creates your LLC. You file this with the state's Secretary of State office.

The filing fee varies by state:

• Wyoming: $100
• Delaware: $90
• Florida: $100 (plus $25 for registered agent designation)
• New Mexico: $50

You can file directly on the state's website, or use a formation service that will handle the filing for you. Most state websites have straightforward online portals.

What to include in Articles of Organization

• LLC name
• Registered agent name and address
• Principal business address (can be your personal address outside the U.S.)
• Member/manager names (check state requirements for privacy)
• Purpose of the LLC (usually "any lawful purpose" is fine)

Step 5: Create an Operating Agreement

An Operating Agreement is not filed with the state — it's an internal document that defines how your LLC operates. Even for single-member LLCs, an Operating Agreement is strongly recommended because:

• Banks often require it to open a business account
• It establishes your LLC as a separate entity from you personally
• It defines how profits are distributed and decisions are made
• It protects your limited liability status

You can find template Operating Agreements online, or have one drafted by an attorney. For most single-member LLCs, a straightforward template works fine.

Step 6: Get Your EIN (Employer Identification Number)

The EIN is your LLC's federal tax identification number — like a Social Security Number for your business. You need it to open a business bank account, hire employees, pay federal taxes, and enter contracts.

If you have an SSN or ITIN, you can apply for your EIN online on the IRS website in minutes, for free. The EIN is issued immediately.

If you are a non-resident without an SSN or ITIN, you need to apply using IRS Form SS-4 by fax or mail. This can take 4–6 weeks. Some formation services offer EIN assistance for non-residents.

Step 7: Open a Business Bank Account

With your LLC formation documents and EIN in hand, you can open a U.S. business bank account. For non-residents, traditional banks typically require an in-person visit. However, several fintech-friendly banks allow remote opening:

• Mercury — Popular with startups and entrepreneurs, no monthly fees
• Relay — Great for small businesses, excellent cash flow tools
• Wise Business — Multi-currency, great for international transactions

Step 8: Maintain Annual Compliance

Your LLC doesn't just form and forget. Annual compliance keeps your LLC in good standing:

• Annual Report: Most states require filing an annual report and paying an annual fee to maintain your LLC's active status
• Registered Agent: Keep your registered agent service active and updated
• Tax Filing: Understand your U.S. federal tax obligations. Consult a CPA experienced with non-resident LLCs
• Operating Agreement: Keep it updated when ownership or operating terms change

Summary: LLC Formation Checklist

1. Choose your state (Wyoming recommended for most non-residents)
2. Choose and verify your LLC name
3. Appoint a registered agent service
4. File Articles of Organization (pay state filing fee)
5. Create an Operating Agreement
6. Apply for your EIN with the IRS
7. Open a business bank account
8. Set up annual compliance (annual report, taxes)

Forming an LLC is one of the most empowering steps you can take as an entrepreneur. It establishes your legitimacy, protects your assets, and opens doors to banking, credit, and business opportunities that are otherwise closed. Follow these steps and you'll have a properly formed, compliant LLC ready to operate.