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US Company Formation for Foreign Founders: LLC, Corporation, EIN

Choosing the right legal structure is the most critical first step for tax optimization and liability protection.

  • LLC vs. C-Corp: Strategic advice on which entity type best aligns with your funding goals and operational needs.
  • State of Incorporation: Guidance on incorporating in business-friendly states like Delaware, Wyoming, or your home state.
  • Liability Protection: Ensuring your personal assets are shielded from business debts and lawsuits.

We handle the end-to-end legal paperwork required to officially register your business in the United States.

  • Filing Articles: Preparing and submitting the Articles of Organization (LLC) or Incorporation (C-Corp) to the state.
  • Registered Agent: Setting up statutory registered agent services to handle official legal and government correspondence.
  • EIN Acquisition: Securing your Employer Identification Number (EIN) from the IRS, even for foreign founders without an SSN.

Once registered, we ensure your company is legally ready to operate and open business bank accounts.

  • Operating Agreements & Bylaws: Drafting foundational documents that dictate how your company will be governed.
  • Initial Resolutions: Issuing founder shares or membership interests and documenting the initial board/member decisions.
  • Banking Readiness: Providing the complete, certified legal package required by U.S. banks to open your corporate account.
US Company Formation for Foreign Founders: LLC, Corporation, EIN

Our US Company Formation Service: What It Covers

US company registration requires more than filing state forms. You must align your entity structure with tax, liability, and immigration objectives. In our team's practice, we manage this entire sequence, handling structural decisions before filing and compliance duties afterward. We handle the details.

Our scope of work includes choosing the entity type, selecting the state, preparing Articles of Organization or Incorporation, appointing a registered agent, and securing an Employer Identification Number (EIN). We also draft the Operating Agreement, prepare corporate banking documents, and file Corporate Transparency Act (CTA) reports.

If you prefer to research the steps independently, our guide to starting a company in the USA details every requirement. We write this page for founders who want our attorneys to manage the setup.

The Right Entity: LLC or C-Corp?

Selecting the wrong entity increases tax burdens and complicates investor relations. Limited Liability Companies (LLC) provide flexible ownership and pass-through taxation, making them ideal for single founders or small partnerships. C-Corporations (C-Corp) suit businesses planning to issue shares, raise venture capital, and scale rapidly.

We do not use generic templates. Our attorneys analyze your business model, ownership structure, and funding timeline to determine the correct entity. During your consultation, we illustrate the tax and liability differences using concrete scenarios from your industry.

Strategic Guidance on State Selection

Delaware, Wyoming, and Florida attract many founders, but the optimal state depends on your operational footprint. Physical offices or local employees require registration in your home state. Remote founders must evaluate annual fees, privacy laws, and reporting requirements. Location dictates your strategy.

We analyze your physical presence to prevent double-registration fees and foreign qualification traps. Our guide on the best state to form an LLC compares state jurisdictions on cost, tax structures, and privacy rules.

We Run the Formation Process on Your Behalf

A single filing error delays your entire business launch. We manage the setup process from start to finish so you can focus on building your business.

  • Name check and formation documents: We verify name availability with state databases, draft your Articles of Organization or Incorporation, and file them directly.
  • Registered agent: We appoint a registered agent to receive service of process and official state notices, satisfying statutory mandates.
  • EIN tax number: We secure your federal employer identification number through the IRS EIN application channel, and coordinate Individual Taxpayer Identification Number (ITIN) applications when required.
  • Bank account and payment setup: Our team compiles the corporate resolution and documentation package required by US banks to prevent account opening delays.

We monitor state processing times, track filing milestones, and resolve administrative bottlenecks. You will not have to submit any government paperwork yourself.

Not a Formation Company, but an Immigration Law Firm

Automated filing websites submit state forms and disappear. While a basic, single-member LLC might only need simple registration, complex structures require legal counsel. If your business involves partnership agreements, equity allocation, intellectual property rights, or visa strategies, filing forms is not enough. Errors cost money.

Yellow Law Group operates as a law firm combining corporate structure with immigration strategy. We explain when you need a lawyer, a Certified Public Accountant (CPA), or a simple filing service, advising you only when legal counsel is necessary. We outline the corporate lifecycle in our 7-stage roadmap for foreign founders.

Company and Visa Integration: E-2, L-1, and EB-5

Incorporating a US business does not grant legal status or work authorization, despite what many marketing campaigns suggest. A properly structured corporate entity instead serves as the necessary foundation for securing investor and employment visas.

Aligning your corporate structure with immigration regulations from day one prevents costly restructuring later. In the files we manage, we integrate corporate setup with visa petitions. For Turkish founders investing capital, our E-2 investor visa service provides the necessary framework. If you are transferring an executive from a Turkish parent company, we coordinate our L-1 intracompany transfer service. For high-capital projects seeking permanent residency, we align your setup with our EB-5 investor visa service.

Post-Formation Legal Compliance and Support

State registration is just the first step. Under the Corporate Transparency Act enforced since 2024, most entities must file a Beneficial Ownership Information (BOI) report to avoid civil and criminal penalties. You must also manage annual state filings, franchise taxes, and internal corporate records.

Our representation continues after your company is active. Review reporting requirements in our Corporate Transparency Act guide, and study your immediate next steps in our guide on what to do after forming a US company. We remain available to draft commercial contracts, register trademarks, and provide corporate counsel.

Which Entity Type Should You Form?

Foreign founders generally choose between two structures. An LLC is simple to form and run, with profits passing through to the owners; but foreign ownership can complicate the tax picture and it does not suit every investor. A C-Corporation fits companies raising investment, issuing shares or taking on multiple owners, and it is often preferred in E-2 and L-1 filings because the corporate structure reads more clearly. The right choice comes from looking at the business model, the ownership and the immigration plan together.

Which State?

Delaware is the standard choice for companies raising capital with more complex share structures, with settled corporate law and deep case law. But you must still register as a foreign entity in the state where operations actually take place, which is a second cost. Where activity will sit in one state, forming there is usually more economical. Texas, Florida and New Jersey are common choices on that basis.

Required Steps After Formation

Once the entity exists: obtain an EIN, open a US bank account, appoint a registered agent, put an operating agreement or bylaws in place, secure any state and local licences, file the FinCEN beneficial ownership report, and set the calendar for annual reports and franchise tax. Foreign-owned entities must also file Form 5472, where failure carries substantial penalties.

How Formation Relates to Visas

Forming a company does not by itself grant the right to live or work in the United States. But in categories such as the E-2 investor visa, L-1 transfers and EB-5, the corporate structure is the foundation of the case: ownership percentages, the flow of capital, the business plan and hiring projections are all assessed directly. Setting the company up in line with the immigration plan from the start is faster and cheaper than restructuring later.

Why Yellow Law Group?

Yellow Law Group advises Turkish business owners from our headquarters in Plano (Texas), and our offices in Chicago (Illinois), Irvine (California), Alpharetta (Georgia), and Fairfield (New Jersey). Our attorneys possess over 10 years of collective experience combining corporate law with federal immigration practice. Managing both fields under one roof eliminates the need to coordinate with separate law firms.

Our logo features a handshake representing our commitment to client partnerships. We do not turn clients away. If your case has weak points, we build a legal strategy to strengthen your application rather than rejecting your file. Review our attorney profiles on our team page and schedule a consultation through our contact page.

Got Questions? We're on it.

US Company Formation for Foreign Founders: LLC, Corporation, EIN • Frequently Asked Questions

Yes — you do not need to live in the US, hold a visa, or be a US citizen to form a US company. Non-residents can own 100% of a US LLC or corporation from abroad. What you do need is a registered agent in your formation state, a US business address for filings, and an EIN. Company ownership and immigration status are legally separate: forming a company does not by itself give you the right to live or work in the US.

Choose a C-Corp if you plan to raise venture capital, issue stock options, or bring in multiple investors; choose an LLC if you are running a services, e-commerce, or consulting business with one or a few owners. The practical difference for Turkish founders is tax treatment and reporting burden: a foreign-owned single-member LLC must file Form 5472 every year, and the penalty for missing it starts at $25,000. A C-Corp pays a flat corporate tax but gives you a structure US investors already understand.

If you have no US office, employees, or inventory, Delaware and Wyoming are the two most common choices — Delaware for companies planning to raise investment, Wyoming for lower annual cost. But if you do have a physical presence anywhere in the US, incorporate in that state instead: forming in Delaware while operating in Texas means registering as a foreign entity in Texas anyway and paying two sets of fees. "Best state" is the state where your actual activity happens.

No — you can obtain an EIN without an SSN or ITIN. You file Form SS-4 listing yourself as the foreign responsible party and leaving the SSN field marked accordingly, then submit it by fax or mail rather than through the online system, which only accepts applicants with a US taxpayer number. Processing typically takes a few weeks. Be careful with third-party services that charge high fees for what is a free IRS filing.

Formation itself takes a few business days in most states; the bank account is the slow part and usually takes several weeks to a few months for a non-resident owner. Banks apply their own KYC rules and many will not open an account for a foreign owner who has never visited the US. Fintech business accounts are often faster, but they can close accounts with little notice, so plan for a traditional bank relationship as well.

Sometimes, but not automatically — a company you own cannot simply hire you. For an H-1B, USCIS looks closely at whether a genuine employer-employee relationship exists when you control the company. More realistic paths for owner-founders are the E-2 investor visa (available to Turkish nationals under the treaty), the L-1 intracompany transfer if you already run a related business in Türkiye, or the O-1 if your personal record supports it. The company structure should be designed with the visa path in mind from the start, not retrofitted.

A registered agent is a person or company with a physical address in your formation state who accepts legal notices and state correspondence on your company's behalf, and yes, every state requires one. You cannot use a PO box, and if you live abroad you cannot serve as your own agent. Commercial registered agent services typically cost $50–$300 per year. Losing your registered agent is one of the most common ways foreign-owned companies fall out of good standing without noticing.

Budget roughly $500–$2,000 per year for a simple foreign-owned LLC once you add everything up. That typically includes the state annual report or franchise fee, registered agent service, a US business address or mail forwarding, and — the item most founders forget — accounting fees for the federal filings a foreign-owned LLC must make even with zero revenue. Costs rise if you register in additional states or hold licenses.

Forming a company creates filing obligations for the company, and may or may not create personal US tax exposure for you depending on your structure and where the work is performed. A foreign-owned single-member LLC is generally a pass-through, which can push income onto your personal return if the income is treated as US-sourced. A C-Corp pays tax at the corporate level, and you are taxed only when profits are distributed to you. The Türkiye–US tax treaty affects how this is handled, so this should be reviewed with tax counsel before you form, not after.

Yes — there is no restriction on co-owners living in different countries, and this is a common structure for distributed founding teams. What matters far more than location is what your operating agreement or shareholders' agreement says. Cross-border co-ownership raises practical questions about who can sign on the bank account, how decisions are made when partners are in different time zones, and what happens if one partner becomes unreachable. Address these in writing before there is a disagreement.

Most structural mistakes are fixable, but the cost of fixing them is usually much higher than the cost of getting them right initially. The common errors we see are choosing an LLC when investors later require a C-Corp, missing the foreign-owner reporting filings, putting ownership in the wrong name for a planned visa application, and forming in a state with no connection to the business. Some of these are cleaned up with a conversion; others require unwinding the entity and can create tax consequences.

You need a US address for state filings, and a virtual office or mail forwarding address is generally acceptable for that purpose. Where virtual addresses cause problems is with banks, payment processors, and immigration filings — a bank may decline an account tied to a known mail-drop address, and USCIS will not accept a virtual office as evidence of a real business location for an E-2 or L-1 petition. Match the address to the purpose.

Yes — most states allow a statutory conversion that turns your LLC into a corporation while keeping the same entity, EIN, contracts, and formation date. This is much cleaner than dissolving and re-forming, which would break continuity that may matter for a visa petition or an investor's diligence. The conversion has tax consequences that need to be modeled first, and the timing matters if you are mid-way through an immigration case.

At minimum, prepare a passport copy for each owner, a proposed company name with two alternates, the ownership percentages you intend to use, a description of the business activity, and a US mailing address. If ownership will sit under a Turkish company rather than individuals, add that company's trade registry gazette and signature circular, typically with a certified translation. Having these ready in advance is what turns a multi-week process into a multi-day one.

It is a necessary step, but on its own it proves very little — a consular officer is looking at the substance behind the entity, not the certificate of formation. For E-2, that means a real and irrevocable investment, a business that is more than marginal, and Turkish nationality holding the required ownership. For L-1, it means a qualifying relationship with your existing Turkish company and at least one continuous year of employment abroad in the past three. Forming the entity in a way that supports those elements is the actual work.

Use a formation service if you are a US person forming a simple single-state business and you already know the structure you want. Use a law firm if you are a foreign owner, if a visa is anywhere in your plan, or if more than one person will own the company. Formation services file paperwork; they do not tell you that the ownership split you chose will sink an E-2 petition, or that your state choice creates a second filing obligation. The filing is the cheap part of this process. The decisions around it are what cost money later.