U.S. Citizens & Residents
Fully eligible to form and own LLCs, Corporations, and Non-profits
Non-U.S. Citizens & Foreign Nationals
Eligible to form and own LLCs & Corporations in all states (no citizenship or SSN required)
Non-U.S. Residents
Eligible to form entities remotely; may need registered agent & U.S. address
Foreign Companies / Trusts
May form subsidiary or U.S. entity with proper documentation
Minors
Generally allowed to be owners with guardian execution (varies by state)
Non-Profit Eligibility
Must operate for public benefit; cannot distribute profits to owners
Visa Note: Forming a business does not grant immigration status. Certain visas (E-2, L-1, EB-5) may use U.S. entities for qualification but require separate immigration filings.
Research differences (LLC vs Corp vs S-Corp vs Non-Profit)
Confirm tax structure (default, S-Corp election, nonprofit tax exemption)
Verify if you need a board (Corporation & Non-Profit)

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Home State
Local businesses, freelancers, single-state operation
Delaware/Wyoming/Nevada
Startups, investors, anonymity needs, multi-state business
Forming outside your home state may require foreign registration where you operate.
State Secretary of State search tool
USPTO Trademark search:
https://tmsearch.uspto.gov
Domain name search (optional)
Social media availability (optional)
Some states let you reserve a name for 30–120 days.
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You may be your own agent (if state allows)
Must be available for mail/legal notices
PO Boxes not allowed
LLC
Articles of Organization
Corporation
Articles of Incorporation
Non-Profit
Non-Profit Articles of Incorporation
State fee:
$49–$800+ depending on state
Processing:
Immediate – 10 business days
Keep your stamped approval copy — this is your proof of formation.


LLC
Operating Agreement
Corporation
Bylaws + Initial Resolutions
Non-Profit
Bylaws + Conflict of Interest Policy + Board Minutes
Deadline:
90 days after formation (2024)
30 days after formation (2025+)
Info needed
Owners' names, addresses, IDs
Company details
Organizer info (for new entities)

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Fax/mail form SS-4 (foreign owners)
https://www.irs.gov/pub/irs-pdf/fss4.pdf
Used for
Banking
Payroll
Tax filings
Merchant processors
Articles of formation
EIN letter (CP 575)
Operating docs / bylaws
BOI confirmation
Resolutions/minutes
Ownership ledger & certificates (if Corp or multi-owner LLC)
Digital or binder format.


Bring
Articles
EIN confirmation
Operating Agreement / Bylaws
ID & proof of address
Some banks require in-person visits for foreign owners.
Estimated DIY Costs
State Filing Fee: $49–$800+
Registered Agent: $100–$1200/yr
EIN: Free
BOIR: Free
Operating Docs / Bylaws Templates: $50–$250
Corporate Binder/Seal: $50–$250
● Full legal name
● Residential address
● Date of birth
● Email & phone number
● Identification (driver’s license / passport — state-dependent)
● Ownership percentage allocation
● Officer/manager titles (if applicable)
● Legal business name & 2–3 backup name choices
● Business industry/activity description (NAICS code optional)
● Business physical address (real or registered agent address)
● Mailing address (may be different)
● Agent name/company
● Agent physical address (must be in the state of formation)
● Mission statement & charitable purpose
● Initial board member list
● Officer titles
● Planned programs/activities
● Address & contact information
● Tax-exempt intent (501(c)(3) or other classification)
● Conflict of Interest Policy
● Passport ID page (if requested)
● Foreign address
● U.S. mailing address or registered agent address
● ITIN (if available — not required upfront for entity creation)
● Formation agent/organizer authorization