The documents you need to form a US LLC as a non-resident are short and specific, and none of them require US residency, a visa, or a Social Security Number. The state needs your Articles of Organization and a registered agent. The IRS needs a Form SS-4 to issue your EIN. Your bank needs your passport. An operating agreement ties it together. That is the full core set.
Your Articles of Organization and a US registered agent, filed with the state. That is all it takes to legally exist.
An EIN from the IRS on Form SS-4. As a non-resident you write "Foreign" where an SSN would go, so you do not need one.
For the bank and any identity check, a valid passport is your primary ID. No US address or ITIN is required to start.
Most founders outside the United States overestimate the paperwork. The list of documents you need to form a US LLC as a non-resident is genuinely short, and the hard part is usually the order you tackle them in rather than the documents themselves. Below is the complete set, grouped by who actually asks for each one, so you can see what the state needs, what the IRS needs, and what your bank needs, without guessing. If you are still deciding whether an LLC is the right structure at all, start with what an LLC is and how it works, then come back here for the paperwork. For the full journey from choosing a state to opening a US bank account, see the complete company-formation guide for non-residents.
The complete document checklist at a glance
There are six documents and identifiers in the core set. Three create and run the company, and three prove who you are so a US bank will open an account. Here is the whole list and who asks for each one.
Document | What it is | Who asks for it |
|---|---|---|
Articles of Organization | The legal filing that creates your LLC | The state (Secretary of State) |
Registered agent | A US person or company with a physical in-state address to receive legal mail | The state (named in your Articles) |
Operating agreement | Your LLC's internal rulebook for ownership and management | Not the state; your bank and co-owners |
EIN (via Form SS-4) | Your company's federal tax ID number | The IRS, then your bank and processor |
Passport | Your primary photo ID as the owner | Your bank, processor, and formation service |
Proof of address | A recent utility bill or bank statement at your home address | Your bank (identity check) |
Everything below explains each document in that order, with the wrinkles that only apply to non-residents.
Documents the state needs to form your LLC
Only two things go to the state, and together they are what legally bring your company into existence.
Articles of Organization. This is the formation document you file with the Secretary of State in your chosen state. It is short. It typically lists your LLC's name, the registered agent and their address, a principal or mailing address for the company, the organizer who signs it, and sometimes whether the LLC is member-managed or manager-managed. You do not have to be in the US to file it, and most states let you list a foreign address for the members. Which state you file in matters more than the form itself, so if you have not chosen yet, read how to pick the best state to form your LLC.
A registered agent. Every US LLC must name a registered agent with a physical street address in the state of formation. The agent receives legal notices, service of process, and state mail on the company's behalf. A non-resident almost always uses a commercial registered agent, because the address has to be a real in-state location and cannot be a PO box. The agent's address is what fills the in-state address requirement on your Articles. For the full picture of what the role does and why you need one, see what a registered agent is.
The operating agreement: required by your bank, not the state
An operating agreement is your LLC's internal rulebook. It sets out who owns the company, how profits are split, who can sign, and how decisions get made. Almost no state requires you to file it, and a single-member LLC is not legally obligated to have one in most states. So why is it on the list? Because your US bank will almost certainly ask for it. To a bank reviewing a foreign-owned company, the operating agreement is the document that proves you control the entity and are authorized to open the account. It is essential for any multi-member LLC and strongly recommended even when you are the only owner. You prepare it yourself or have it prepared, sign it, and keep it with your records. It never goes to the government.
Your EIN and the Form SS-4
An EIN, or Employer Identification Number, is the federal tax ID the IRS assigns to your company. You need it to open a bank account, connect a payment processor, and file the forms a foreign-owned LLC has to file. You apply for it on Form SS-4. The wrinkle for non-residents is line 7b, where US applicants enter a Social Security Number: with no SSN or ITIN, you write the word "Foreign" instead, and the IRS still issues the EIN. You cannot use the instant online tool without an SSN or ITIN, so foreign founders apply by fax, which usually returns the number in about four business days, or by mail, which takes roughly four weeks. The EIN itself is free. For the step-by-step, see how to get an EIN without an SSN, or start with what an EIN is if it is new to you.
Identity documents for opening a US bank account
The company documents create the LLC. The next set is about you, and it exists so a US bank or payment processor can verify your identity under its know-your-customer rules.
Your passport. A valid, unexpired passport is your primary photo identification as the owner. You do not need a US visa, a US driver's license, a Social Security Number, or any proof of US residency to form the company or, in most cases, to open the account.
Proof of address. Banks usually want a recent document showing your residential address abroad, such as a utility bill or a bank statement from the last few months.
The company's banking package. When you actually apply for the account, the bank ties your ID back to the business with three company documents you already have: the EIN confirmation letter the IRS issues (the CP 575), a copy of your filed Articles of Organization, and your operating agreement. One thing many guides get wrong is telling non-residents they need a personal ITIN to bank. Usually you do not, because the bank identifies the business by its EIN, not you by an ITIN. Whether you ever need an ITIN depends on your own tax filing, which is covered in when a non-resident actually needs an ITIN.
What you do not need, and what recently changed
It is worth being just as clear about the documents you can stop worrying about. As a non-resident you do not need a Social Security Number, a US visa or immigration document, a US driver's license, a US residential address, or proof that you live in the United States. In most cases you also do not need an ITIN to form the LLC or to bank.
One requirement changed recently and trips up older checklists. Under the Corporate Transparency Act, many companies had to file a Beneficial Ownership Information (BOI) report in 2024, and that changed in 2025. Under the FinCEN interim rule issued March 26, 2025, companies created in the United States, including LLCs owned by non-residents, are exempt from filing a BOI report. Only entities formed under foreign law and then registered in a US state still report. This reversed the 2024 requirement, so any guide that tells you to file a BOI report for your new US LLC is out of date. Because it is an interim rule, confirm the current position on FinCEN.gov before you rely on it.
How we prepare these documents for non-residents
In practice, the documents matter less than the sequence, because each step quietly depends on the one before it. When our formation team sets up an LLC for a founder abroad, we collect them in a fixed order so nothing stalls. We confirm identity first, your passport and proof of address, because that is what every later step relies on. We file the Articles of Organization with the registered agent already in place, so the in-state address requirement is satisfied at filing rather than fixed afterward. We prepare and sign the operating agreement while the state processes the filing. Then we apply for the EIN on Form SS-4 with "Foreign" on line 7b. By the time the EIN letter arrives, the Articles, the agent, and the operating agreement are already done, so the banking package is complete and the account application does not wait on missing paperwork. The single most common delay we see is founders applying for the EIN before the LLC officially exists, which the IRS will reject.
Quick FAQ
Do I need to notarize or apostille my passport to form a US LLC?
No. The state filing does not ask for a notarized or apostilled passport. A bank may ask for a certified English translation if your passport is not in English. An apostille is for using your US company documents abroad, not for forming the company.
Do I need a US address to form an LLC?
You need a registered agent with a physical US address in your state, which the agent provides. You personally do not need a US residential address, although a US business or mailing address can make opening a bank account smoother.
Do I need an ITIN to form a US LLC?
No. Your LLC is identified by its EIN, and most non-resident owners never need a personal ITIN. You would only need one if you personally have to file a US tax return or claim a treaty benefit.
Do my documents need to be translated into English?
The formation documents are issued in English by the state, so there is nothing to translate there. Your personal identification, such as a passport not written in English, may need a certified English translation for the bank.
Do I have to file a BOI report for my new LLC?
As of the March 2025 FinCEN interim rule, a US-formed LLC owned by a non-resident is exempt from BOI reporting. Confirm the current rule on FinCEN.gov before relying on it, since interim rules can change.
Official references
How this article was prepared
CORPBOLT wrote this guide to give founders outside the United States one complete, current document checklist instead of the scattered lists most sites publish. The document requirements, the Form SS-4 "Foreign" instruction, and the 2025 change to Beneficial Ownership Information reporting are drawn from the IRS and FinCEN sources linked above, and the state filing details follow the Secretary of State requirements for the states we form in. It also reflects how our formation team actually assembles these documents for non-resident clients, it is reviewed for accuracy and for honesty about what a formation service can and cannot do, and it is updated when the IRS, FinCEN, or the states change their requirements. This is general information about company formation, not legal or tax advice.
Approval note: Eligibility and approval decisions are made by each bank, fintech, and payment processor. Requirements can vary by provider, country, business model, and account history.