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Unlock the U.S. Market, the Right Way.

This interactive guide is for non-resident entrepreneurs looking to launch a U.S. business. The opportunity is immense, but the path is complex. We'll help you navigate the critical legal, tax, and banking decisions to build a compliant and successful U.S. company.

Start Your Journey

Your First, Most Critical Decision

Your choice of business entity and state of incorporation will define your tax burden, compliance workload, and ability to raise capital. Let's find the right fit for you.

Step 1: Choose Your Business Persona

Select the profile that best matches your long-term goals. This will help tailor the recommendations.

Step 2: C-Corporation vs. LLC

These are your two realistic options. They differ enormously in how they are taxed and managed.

C-Corporation

Taxation: Taxed at the entity level (21% federal). Owners taxed only on dividends.
Simplicity for NR: Clean separation. Owner generally has no personal U.S. tax filing if no dividends are paid.
Investor Appeal: Gold standard for VCs and angel investors.

LLC (Default)

Taxation: "Pass-through." Profits pass to owner, who must file a personal U.S. tax return (Form 1040-NR).
Compliance Burden: High. Involves the owner in the U.S. tax system and requires complex forms like Form 5472 ($25k penalty risk).
Investor Appeal: Low. Investors will require conversion to a C-Corp.

Step 3: Delaware vs. Wyoming vs. Florida

Where you incorporate matters. Your choice impacts cost, privacy, and legal framework.

Delaware

The premier choice for venture-backed startups due to its advanced corporate law and Court of Chancery.

Wyoming

The leader in privacy and low cost. Ideal for lifestyle businesses not seeking outside investment.

Florida

A tax-friendly gateway, especially for businesses with ties to Latin America or planned physical operations in the state.

The Setup Checklist

Once you've formed your company, here are the essential next steps to become operational in the U.S.

Get Your Tax IDs

EIN (Employer ID Number): MANDATORY. This is your company's federal tax ID. You need it to open a bank account and file taxes. As a non-resident, you must apply by phone, fax, or mail (phone is fastest).

ITIN (Individual Taxpayer ID): CONDITIONAL. This is a personal tax ID. You only need it if you have a personal U.S. tax filing obligation (e.g., as an owner of a pass-through LLC).

Open a Bank Account

A U.S. bank account is essential. Fintech platforms have made remote opening possible, but they require extensive documentation.

Popular Fintechs: Mercury, Wise, Revolut, Payoneer.

Traditional Banks: Usually require an in-person visit (e.g., Wells Fargo).

Your "Know-Your-Customer" (KYC) Dossier

Be prepared. To pass verification, you will need a complete package of documents ready to submit.

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Company Docs: Articles of Incorporation/Organization.
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EIN Letter: Official confirmation from the IRS.
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Passport: Clear, valid copy for all owners.
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Proof of Address: Personal (utility bill) and U.S. business (agent's address may suffice).
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Governing Doc: Signed LLC Operating Agreement or Corporate Bylaws.
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Business Proof: Website, business plan, client contracts (crucial for fintechs).

The Compliance Minefield

This is where non-residents make the most expensive mistakes. Understanding your annual filing obligations is not optional.

The Most Common & Costly Mistake

$25,000

This is the minimum penalty for failing to file Form 5472, required for any foreign-owned U.S. LLC or C-Corp with "reportable transactions" (like owner funding). This is an informational form, and the penalty applies even if no tax is due.

C-Corporation Filings

Form 1120: Annual corporate income tax return.
Form 5472: If there are transactions with the foreign owner.
State Annual Report: To maintain good standing.

LLC (Single Foreign Owner) Filings

Form 5472 + pro-forma 1120: The critical info return.
Form 1040-NR: Owner's personal U.S. tax return if business is active in the U.S.
State Annual Report: To maintain good standing.

Global Reporting

FBAR (FinCEN 114): Your U.S. *company* must file this if it holds over $10k in foreign bank accounts.

See It In Action: Founder Personas

Your business model changes everything. Select a persona to see a tailored strategy and workflow.

The Venture-Backed SaaS Founder

Your goal is to raise capital from U.S. investors. Your choices must align with their expectations.

Entity: Delaware C-Corporation. This is non-negotiable for VCs.
Banking: Startup-focused bank like Mercury that can handle large funding rounds.
Key Compliance: Form 1120 for corporate tax, and Form 5472 to report stock issuance to foreign founders. Your personal tax is simple, as you only own shares.
Workflow: Form DE C-Corp -> Issue Founder Stock -> Obtain EIN -> Open Bank -> Raise Capital (SAFE notes, Priced Round).

The International Amazon FBA Seller

Storing inventory in U.S. warehouses creates a physical presence and specific tax obligations.

Entity: C-Corporation (in DE or WY). This contains the U.S. tax liability within the company. An LLC would pull you personally into complex state-level tax ("nexus") issues.
Banking: Payoneer or Wise are excellent for receiving payouts from Amazon and managing currencies.
Key Compliance: Your company has a "U.S. Trade or Business." It must file Form 1120. You'll also need to manage sales tax registration (often handled by Amazon's platform) and act as the Importer of Record for your goods.
Workflow: Form C-Corp -> Obtain EIN -> Open Bank -> Set up Amazon Seller Central (with W-8BEN-E) -> Arrange customs and shipping.

The Global Freelancer or Consultant

You work from your home country for U.S. clients. You want simplicity, low cost, and a professional way to get paid.

Entity: Wyoming LLC or C-Corp. For maximum privacy and lowest cost, a Wyoming entity is ideal. A C-Corp offers the cleanest tax separation, while an LLC is viable if you're comfortable with the Form 5472 filing requirement.
Banking: Wise is perfect for invoicing in USD and converting to your local currency with low fees.
Key Compliance: If you use an LLC, you *must* file Form 5472 if you fund it, even if you have no U.S. tax due. Your U.S. entity provides clients with a W-9, so they don't withhold tax from your payments.
Workflow: Form WY entity -> Obtain EIN -> Open Wise account -> Invoice clients with U.S. entity info.

Beyond Remote: Relocating to the U.S.

If your goal is to live in the U.S. to run your business, the E-2 Treaty Investor Visa is a powerful option.

The E-2 Treaty Investor Visa

This visa is the capstone of your U.S. business journey, not the start. It allows you to move to the U.S. after you've already established and invested in your company.

Key Requirements:

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Treaty Country: You must be a citizen of an E-2 treaty country.
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Substantial Investment: You must have invested a significant amount of capital (often $100k+ is a good benchmark).
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Funds "At Risk": The money must be spent or irrevocably committed to the business.
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Real Business: Must be an active, for-profit enterprise, not a passive investment.
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Not Marginal: Must have the potential to do more than just support your family (e.g., hire U.S. workers).
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Develop & Direct: You must own at least 50% or have operational control.

Unlock the U.S. Market, the Right Way. Non-Resident U.S. Business Guide