If you live outside the United States and want to open a US company, the single biggest decision is which state to register in. The state controls your filing fees, annual costs, privacy protections, and how easy it is to open a US bank account. Here is the honest, no-fluff breakdown for non-US residents in 2026.
The short answer
For most non-US residents running an online business, freelancing, consulting, or selling on Amazon, Shopify or Stripe, Wyoming is the best default choice. It has a $100 filing fee, $60 annual report, no state income tax, strong privacy laws, and is well-known to US banks.
If you plan to raise venture capital from US investors, Delaware is the standard and you should pay the small premium for it. If your only goal is the absolute lowest annual cost, New Mexico is the cheapest because it has no annual report at all.
Wyoming: the best all-around choice
Wyoming is what we recommend to roughly 70 percent of our clients. Here is why: $100 to file, $60 per year to maintain, no state income tax, no information about LLC members on the public record, and US banks like Mercury, Relay and Wise are very comfortable with Wyoming entities.
Wyoming was also the first US state to create the LLC structure in 1977, so its laws are mature and predictable. There are no surprises on year two.
Delaware: the right call for VC and investors
About 65 percent of Fortune 500 companies are incorporated in Delaware, and almost every US venture capital firm requires a Delaware C-Corp or Delaware LLC before they invest. The Delaware Court of Chancery has 200 years of business case law, which makes legal disputes faster and more predictable.
The catch: Delaware costs more. The annual franchise tax for an LLC is $300 flat, and the filing fee is $110. If you are not raising US capital, you are paying for a brand name you do not need.
New Mexico: the cheapest long-term option
New Mexico LLCs have a one-time $50 filing fee and no annual report, ever. That makes them the cheapest US LLC to maintain — roughly $0 per year in state fees after formation.
Privacy is also strong: members are not listed publicly. The downside is that New Mexico is less recognized by some US banks, so opening a bank account can take an extra round of questions.
What to ignore
You will see articles claiming Nevada is great for non-residents because of asset protection. For most non-US founders this is overkill. Nevada charges over $400 per year in combined state fees, which is the highest in this group.
You will also see noise about forming in your home state. If you are a non-US resident with no US physical presence, you have no home state. Pick the state that gives you the best fees, privacy and banking — usually Wyoming.
Frequently asked questions
Do I need to live in the state where I form my LLC?+
No. As a non-US resident you can form an LLC in any state regardless of where you live. You just need a Registered Agent located in that state, which costs $29-$125 per year and is included in our packages.
Will I pay US tax if I form an LLC as a non-resident?+
It depends on whether your LLC has 'effectively connected income' with a US trade or business. Most non-resident-owned single-member LLCs that sell digital services or products to non-US customers owe zero US federal income tax, but must still file Form 5472 and a pro-forma 1120 each year. Always confirm with a US CPA familiar with non-resident filings.
Can I open a US bank account from outside the US?+
Yes. Mercury, Relay, Wise Business and Brex all accept non-resident-owned US LLCs and let you open accounts fully online. Wyoming and Delaware LLCs have the highest approval rates.
How fast can I get a US LLC?+
Wyoming and New Mexico file in 1-2 business days. Delaware standard is 3-5 days. The EIN from the IRS takes another 4-6 weeks for non-residents without an SSN, but you can start operating with the LLC formed.
Ready to form your LLC?
Start with one of the states covered in this article.
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