United States Company Formation FAQs

Since corporate law depends on the location where you choose to incorporate (any of the 50 US states and Washington, D.C.), you will have to look at the specific state. However, nominee services are available in every state but given the differing reporting and registered agent requirements, it may not make sense to procure nominee services in some cases. 

There are four available entrepreneur visa classes that foreigners looking to open a business in the United States can pursue. The EB-1 and O-1 visas are for applicants with an extraordinary ability, and are temporary as you can return to your home country. In contrast, the EB-2 and EB-5 visas offer pathways to permanent residency. You can access more information about recent changes to the EB-5 scheme here.

On the whole, there is no foreign ownership restriction for companies in the United States. You can also appoint your foreign company as a managing member of your corporation. However, you must look at the state-by-state restrictions for any additional requirements. The only exceptions are “S” corps that must be owned by US citizens or permanent residents.

Since company formation in the United States is a competency of the individual states, the benefits and incentives will vary. The most business-friendly states, Delaware, Florida, Nevada and Wyoming offer a plethora of tax advantages that make them the most popular destinations for setting up a company. However, if you plan to do business across the entire country, you will have to incorporate in all 50 states and the District of Columbia (Washington, D.C.). 

If you are not a resident of the United States, there are options available to open a US bank account but please know that many bank branches will require a social security number (SSN). Some bank branches are also more accustomed to working with non-US citizens than others, and experts recommend going to those branches. When you form a company in the US, you will apply for a Taxpayer Identification Number (TIN) and that number is often required by banks to open the account. You will also need an Employer Identification (EIN) for your entity for the tax filing process.