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Starting a U.S. Business as a Non-Resident Foreign National

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For many, starting a business in the United States is a personal milestone. It can mean supporting family, building real value, or growing beyond borders. The U.S. remains one of the most competitive and highly structured markets in the world. The U.S. Chamber of Commerce reports that 5.5 million new business applications were filed in 2023, signaling continued demand and market dynamism. The U.S. Census Bureau estimated the population at 340.1 million as of July 1, 2024, making it one of the largest consumer markets globally.

Legal and financial systems are designed to support commercial activity at scale. The World Bank ranks the U.S. among the top countries for enforcing contracts and protecting minority investors. The Federal Deposit Insurance Corporation (FDIC) confirms that there were 4,462 federally insured banks and savings institutions operating in the U.S. as of early 2025. The Organisation for Economic Co-operation and Development (OECD) identifies the U.S. as a global leader in entrepreneurship in its 2023 report, The Missing Entrepreneurs.

Foreign entrepreneurs play a key role in this ecosystem. According to USAFacts, immigrants own nearly 1 in 5 employer businesses and over 1 in 5 self-employed firms.

Foreign Ownership Rights

Non-residents can form and own U.S. businesses without being citizens or permanent residents. This includes registering a company, hiring employees, and opening a business bank account. However, ownership alone does not permit living or working in the U.S. A valid visa is required for that.

How to Register a Business

The most common structures for foreign nationals are a Limited Liability Company (LLC) or a C Corporation. LLCs offer flexibility, while C Corporations are often preferred when seeking outside investment.

To register:

  • Choose a state.
  • File formation documents with the Secretary of State. This typically includes Articles of Organization (LLC) or Articles of Incorporation (Corporation).
  • Appoint a registered agent with a U.S. physical address. This agent must be available during standard business hours.
  • Apply for an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This is required for banking, tax filing, and hiring employees.
  • If required, apply for an Individual Taxpayer Identification Number (ITIN). Foreign owners may need an ITIN if they have a U.S. tax filing obligation, such as receiving U.S. income or holding an interest in a U.S. partnership.

Visa Options

If you plan to manage the business from within the U.S., consider one of the following visas:

  • E-2 Treaty Investor Visa: For nationals of countries with qualifying treaties. Requires investment in an active business. No fixed minimum, but the investment must be substantial relative to the business model.
  • L-1 Intracompany Transferee Visa: For executives or managers transferring to a U.S. branch of a foreign company. Requires at least one continuous year of employment abroad within the last three years.
  • EB-5 Immigrant Investor Visa: Leads to permanent residency. Requires a minimum investment of $800,000 in a targeted employment area and the creation of 10 full-time U.S. jobs.

U.S. immigration law prohibits working in the country without proper authorization, even in a company you own. Violations may result in visa denial or removal. Non-resident business owners are also subject to U.S. tax laws. Consult a licensed immigration attorney and a U.S.-based tax professional before launching your company.

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