Incorporating in the U.S. as a Non-Resident: What You Need to Know

If you’re a founder or freelancer based outside the U.S. and wondering whether you can register a U.S. business, you’re not alone. Many international entrepreneurs are asking this exact question as they look to access American tools, clients, and investors. Here’s what you really need to know before you file.

TL;DR

• Non-U.S. residents can legally form a U.S. company: no visa, citizenship, or physical presence is required.
• The most important step is passing KYC verification, which proves your identity and residency.
• Most choose between an LLC (simpler, for solo founders) or C-Corp (for startups raising capital).
• U.S. tax obligations depend on your entity type and where you operate — local taxes may still apply.

Legal Requirements and KYC

While forming an S-Corp requires founder to be a U.S. citizen or green card holder, foreign founders have other options as well.

The most common types are LLCs and C-Corps. For more detailed breakdown, check out our article about LLC vs. C-Corp – Which Is Right for Your Business?

However, your ability to incorporate and access financial services depends on one critical step: passing KYC (Know Your Customer) of the company’s registered agent. This is the mandatory identity and residency verification process.

KYC is not just a formality: it determines whether you’re eligible to register a company and use essential business infrastructure. Before you can open a bank account or obtain an EIN, you must pass KYC. That’s why preparing the right documents from the start is so important.

Required Documents for KYC

KYC requirements fall into three distinct categories, each confirming a different aspect of your eligibility:

Proof of Identity

These documents confirm who you are and your citizenship:

• International passport (photo page; must be unexpired), or
• National ID card

Proof of Legal Residency Outside Sanctioned Countries

If the country of your citizenship is under the OFAC sanctions, these documents will be required to prove you have relocated and are legally allowed to reside outside a sanctioned jurisdiction:

• Valid residence permit (temporary or permanent)
• Long-term non-tourist visa (e.g., work, student)
• Foreign driver’s license

Proof of Address

The address must show your actual current place of residence. Hotel bookings, PO boxes, co-working addresses, short-term Airbnb booking receipts are generally not acceptable, even if issued outside the sanctioned countries.

These documents confirm where you currently live and must include your full name and address:

• Utility bill (e.g. electricity, gas, water), dated within the last 60-90 days
• Bank statement showing full name and residential address
• Lease or rental agreement with your name and valid dates

To qualify, documents must:

• Be recent and valid
• Match across categories (name, address, and jurisdiction)
• Prove that you live outside any sanctioned country

Requirements for Opening a U.S. Company

You don’t need to be in the U.S. But you do need:

• A unique company name
• A registered agent with an address in the state where you register
• A copy of your passport and basic personal info
• A state to incorporate in (most often Delaware or Wyoming)

Most people retain a lawyer or incorporation platform like Skala to handle the legal setup. You don’t need to file the documents yourself, unless you want to.

Next Steps After Forming a U.S. Company

Once your LLC or C-Corp is created, you still need a few key things to make it “real”:

Get an EIN (Employer Identification Number). This is your company’s tax ID. You’ll need it to open a bank account or sign up for Stripe or PayPal. If you don’t have a U.S. SSN, you’ll have to apply manually and wait for 1 to 3 weeks.

Open a U.S. business bank account. Some fintechs like Mercury, Relay, or Brex will let you open remotely. Others (like traditional banks — Chase, Bank of America) require you to show up in person.

Set up your payments and operations. Once the company and bank account are live, you can use Stripe, PayPal, Shopify, and most U.S. tools.

Follow our post-incorporation checklist for the next steps.

Choosing the Best State for Company Registration

The two most common choices:

• Delaware – the go-to for C-Corps and startups planning to raise external funding. Delaware has a well-established legal system for corporations, investor-friendly laws, and is the default choice for most venture-backed companies.
• Wyoming – ideal for LLCs, low-cost setups, and strong privacy. Wyoming offers minimal annual fees, no state income tax, and doesn’t require owners’ names to be listed publicly: making it a favorite for simple, private business structures.

You can choose any state. Just remember that some states require more reporting or charge extra fees. If you don’t plan to have a physical office or team in the U.S., Delaware and Wyoming are the most straightforward.

Final thoughts

Starting a U.S. company as a non-resident is possible and often is the right step if you’re building for a global market. The process can seem unfamiliar at first, especially if you’re doing it from abroad. But once you understand the key steps, it becomes much more straightforward. With the right setup, you can access U.S. tools, customers, and investors: all while running your business from anywhere.

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