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What non-citizens need to know about filing an LLC?

A group of people discussing the process of filing an LLC, important considerations, and guidelines for non-citizens

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Are you considering opening a business in the USA and wondering what non-citizens need to know about filing an LLC? There are rules to follow, and consider working with a certified public account or experienced attorney, whether operating from your home country or the US.

Choose a unique business name and tax identification number (TIN) to get started. Furthermore, other steps include hiring a registered agent and opening a bank account for the LLC.

Are you a novice seeking to learn what non-citizens need to know about filing an LLC? We’ll discuss the importance of visas or green cards and highlight the steps to filing an LLC in the USA. Let’s get started.

Are there Business requirements for non-citizens when filing an LLC?

Operating a business in the United States for non-citizens requires no citizenship certificates. You can file for company formation registration and establish a limited liability company (LLC) in the country without hassles.

Non-citizens can also operate businesses in many US states without a residency permit. You have no extra-legal requirements to meet besides appointing a registered agent to receive company documents and having a free business address in the country.

Do non-citizens require a visa or green card to file for an LLC?

Non-citizens should ensure they can stay in the United States before filing for a limited liability company (LLC). A work visa or green card is essential for foreigners seeking to work in the country.

Consider visiting the US Citizenship and Immigration Services (USCIS) site to make informed decisions about green card and visa types. Some are permanent, temporary, or based on your job, so becoming familiar with the situation is vital.

Non-citizens with a master’s or bachelor’s degree can get H1-B visas, while green cards are available based on refugee status and employment. Furthermore, you can get a preferred choice based on substantial investment.

Furthermore, remember that you can incorporate your business online without necessarily living in the US. But you might require the services of a registered agent with a legitimate address to receive the necessary documentation.

What are the steps to filing an LLC as a non-citizen?

Still, wondering what non-citizens need to know about filing an LLC? Selecting a business name, state, and registered agent service are the proper steps to filing a limited liability company (LLC) as a non-citizen. Articles of organization and savings or checking accounts are also crucial. Let’s dig into the details:

Choose a business name

Your first step to filing an LLC as a non-citizen is choosing a unique business name that doesn’t belong to another organization. Wherever you choose in the States, select your organization’s identity within the confines of the law.

Non-citizens can do business under a different company name but must also register their “Doing Business As” (DBA) with the state. Lastly, it’s crucial to check the state’s secretary of state to avoid breaking the law because each jurisdiction has rules and regulations.

Choose a state

Another essential step to learning about what non-citizens need to know about filing an LLC is selecting a state to operate. Foreigners can get business addresses for an LLC but often have issues with taxes, but you only need to consider federal taxes if your desired state doesn’t require them.

New Hampshire, Nevada, South Dakota, Texas, Wyoming, Florida, and Delaware are states to start your LLC as a non-citizen. Besides, they have no income taxes and have business-friendly rules and regulations.

Get your taxpayer identification number (TIN)

A tax identification number (TIN) is a set of unique numbers identifying corporations, individuals, and other organizations. So if your limited liability company is profit-oriented, paying taxes becomes a necessity.

Since you can’t file for an Employer Identification Number (EIN) like a citizen, consider getting a tax identification number (TIN) with the IRS after setting up a company online.

Choose a registered agent or signup for a service.

After getting your tax identification number (TIN), focus on hiring an experienced registered agent or signup for a service. The individual must meet the state requirements of having a legitimate physical address.

Consider BusinessAnywhere for the best LLC Registered Agent service in all 50 US states. We are the only user-friendly platform offering online company formation, virtual mailbox, and registered agent service.

File Articles of organization

An Article of Organization is an official document outlining your company’s initial statements necessary to form an LLC. It set out the business capabilities and legal rights at the state level in the United States.

You must file it with your state’s secretary and pay the required fees. Furthermore, consider seeking legal assistance to better understand the process by hiring an experienced attorney.

Open a business bank account.

Opening a business bank account keeps the company finances separate from personal expenses and prepares you for the tax season. As a non-citizen opening a limited liability company in the USA, it improves your chances of getting licenses and permits.

You can track your daily transactions and calculate your cash flow by opening a business bank account. BusinessAnywhere Company Formation Online Service has professionals who can help you if you’re not in the country.

Learn what non-citizens need to know about filing an LLC with ease.

After learning what non-citizens need to know about filing an LLC, consider getting the necessary permits and creating an operating agreement. It should detail the company members, objectives, owners, and day-to-day operation of the business.

Publish information about your company formation online in your local paper. It helps the public know what your organization offers. However, some states don’t require publication but consider checking to avoid breaking the rules.

As a non-citizen, preparing reports and filing proper tax returns is necessary. Consider the Nonresident Alien Income Tax Return form (Form 1040-NR) and Partnership Income form (Form 1065).

About Author

Picture of Rick Mak

Rick Mak

Rick Mak is a 30-year veteran businessman, having started, bought, and/or sold more than a dozen companies. He has bachelor's degrees in International Business, Finance, and Economics, with masters in both Entrepreneurship and International Law. He has spoken at hundreds of conferences around the world during his career on entrepreneurship, international tax law, asset protection, and company structure. Business Anywhere Editorial Guidelines

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