If you're planning to expand your business into the United States, you're not alone. Every year, thousands of international founders choose the U.S. market for its massive consumer base, strong legal framework, and access to global investors.
But starting a U.S. company from abroad can feel overwhelming. Where do you start? What documents do you need? How do you navigate U.S. regulations without setting foot in the country?
This comprehensive checklist will guide you through every step of forming your U.S. company in 2025, making the process as hassle-free as possible.
📑 Table of Contents
Phase 1: Pre-Formation Planning
✅ Choose Your Business Structure
For most international businesses, an LLC (Limited Liability Company) is the ideal choice. It offers:
- Personal liability protection
- Pass-through taxation (no double taxation)
- Minimal compliance requirements
- Flexibility in management structure
✅ Select Your State
Delaware is best for businesses seeking credibility, planning to raise venture capital, or considering future IPO. Annual cost: ~$450/year.
Wyoming is ideal for businesses prioritizing privacy, lower costs, and asset protection. Annual cost: ~$60/year.
✅ Choose a Company Name
Your company name must:
- Be unique and not already registered in your chosen state
- Include "LLC" or "Limited Liability Company"
- Not contain restricted words like "Bank" or "Insurance" without proper licensing
- Be available as a domain name (recommended)
Phase 2: Formation Documents
✅ Prepare Articles of Organization
This is the primary document that legally creates your LLC. It includes:
- Company name and address
- Registered agent information
- Management structure
- Purpose of business
✅ Draft an Operating Agreement
While not always legally required, this internal document is crucial for:
- Defining ownership percentages
- Outlining member roles and responsibilities
- Establishing profit distribution rules
- Setting dispute resolution procedures
✅ Appoint a Registered Agent
Every U.S. LLC needs a registered agent with a physical U.S. address to receive legal documents. As an international founder, you'll need to hire a professional service ($100-150/year).
Phase 3: Tax & Compliance Setup
✅ Obtain an EIN (Employer Identification Number)
Your EIN is like a social security number for your business. You need it to:
- Open a U.S. bank account
- File tax returns
- Hire employees
- Apply for business licenses
Timeline: 1-2 weeks when applying as a foreign business owner
✅ Understand Your Tax Obligations
As a foreign-owned U.S. LLC, you'll need to:
- File Form 5472 annually (Information Return)
- File Form 1120 (Pro forma tax return)
- Report U.S.-sourced income
- Comply with state tax requirements
Important: Foreign-owned LLCs with no U.S. activities generally don't pay U.S. federal income tax, but must still file informational returns.
✅ Consider C-Corp Tax Election
Some businesses elect to be taxed as a C-Corporation (using Form 8832) to:
- Access U.S. payment processors more easily
- Simplify banking relationships
- Prepare for venture capital funding
Phase 4: Banking & Financial Setup
✅ Open a U.S. Bank Account
Popular options for international LLC owners:
- Mercury: 100% online, no physical presence required, designed for startups
- Wise Business: Multi-currency accounts, excellent for international transactions
- Payoneer: Easy approval, good for e-commerce businesses
Required documents: Articles of Organization, EIN letter, Operating Agreement, passport, proof of address
✅ Set Up Payment Processing
Once your bank account is active, apply for:
- Stripe: For online payments and subscriptions
- PayPal Business: For e-commerce and invoicing
- Square: For in-person payments (if applicable)
Phase 5: Ongoing Compliance
✅ File Annual Reports
Most states require annual or biennial reports with updated company information. Delaware requires both annual reports ($300) and franchise tax filings.
✅ Maintain Registered Agent Service
Ensure your registered agent service remains active to receive important legal notices and tax documents.
✅ Keep Accurate Records
Maintain organized records of:
- All income and expenses
- Bank statements and invoices
- Contracts and agreements
- Meeting minutes (for multi-member LLCs)
Common Mistakes to Avoid
1. Not obtaining an EIN immediately: You'll need this for virtually everything, so apply as soon as your LLC is formed.
2. Ignoring tax filing requirements: Even if you owe no tax, you must file informational returns. Penalties for non-compliance can be severe.
3. Using a cheap registered agent: Your registered agent is crucial for receiving legal documents. Don't cut corners here.
4. Not opening a U.S. bank account: Keeping business funds in your personal account destroys liability protection and creates accounting nightmares.
5. Skipping the Operating Agreement: This document protects you legally and is often required by banks and investors.
Timeline: How Long Does It Take?
- State filing: 1-5 business days (varies by state)
- EIN application: 1-2 weeks for international applicants
- Bank account opening: 1-3 weeks after EIN received
- Payment processor approval: 1-2 weeks
Total timeline: 4-8 weeks from start to fully operational
Cost Breakdown
- State filing fee: $90-$150 (one-time)
- Registered agent: $100-150/year
- EIN application: Free through IRS
- Annual state fees: $60-450/year depending on state
Note: Professional formation services can handle all paperwork and compliance requirements for you. At I Love LLC, we can handle services like that.
Why Use a Formation Service?
While you can technically form an LLC yourself, international founders often benefit from professional services because:
- EIN applications are complex for non-U.S. residents
- Document preparation requires knowledge of state-specific requirements
- Banking introductions significantly improve approval rates
- Ongoing compliance support prevents costly mistakes
- Time savings allow you to focus on building your business
Ready to Start Your U.S. Company?
Expanding to the United States is one of the best decisions you can make for your business. With this checklist, you have everything you need to navigate the process successfully.
At I Love LLC, we specialize in helping international founders form U.S. companies hassle-free. Our service includes:
- Complete LLC formation in Delaware or Wyoming
- EIN application assistance
- Banking introductions with 97% approval rate
- Ongoing compliance support
- 24/7 international customer service
Ready to Get Started?
Join 1,100+ international businesses who've successfully formed their U.S. LLC with our expert guidance. Limited time: 40% off all packages.