You don't need a US visa, an SSN, or a US address to own a US company. What you need is the right structure for what you're actually doing, and a clear sequence for the paperwork — because the order you do things in is where most Indian founders lose weeks.
Start with the decision that actually matters: LLC or C-Corp
Every guide leads with Delaware because Delaware is what Stripe Atlas files and what US venture capital funds default to. That's correct advice for exactly one situation: you're planning to raise a US VC round. For everyone else — consultants invoicing US clients, agencies, e-commerce sellers, SaaS bootstrappers — a Wyoming LLC is usually the better fit, and defaulting to Delaware because "that's what startups do" costs you real money for no benefit.
Here's the practical difference. A single-member LLC owned by a non-US person is treated as a "disregarded entity" for US federal tax purposes. If you have no US-effectively-connected income — meaning your clients, work, and business activity sit outside the US — you generally owe no US federal income tax on that income at all. A Delaware C-Corp, by contrast, pays 21% flat federal corporate tax on its profits, and then 30% withholding on any dividends paid out to you as a foreign shareholder (reduced to 15% or 25% under the India-US DTAA, depending on your shareholding). That's double taxation baked into the structure — the price of admission for VC funding, not a cost you want to carry if you're bootstrapped.
Wyoming vs Delaware vs New Mexico, if you've settled on an LLC
Wyoming costs $100 to file plus $60 a year in annual report fees, with no franchise tax and no state income tax for a non-resident LLC with no in-state assets. Delaware's LLC filing is $110, but carries a $300/year franchise tax regardless of activity — and if you ever convert to a C-Corp, budget roughly $800/year in minimum franchise tax on top. New Mexico is the cheapest long-run option at $50 to file with no annual report ever, though fewer banks and payment processors recognise it on sight compared to Wyoming or Delaware.
For most Indian founders we work with, Wyoming wins: lowest ongoing cost, strong privacy (member and manager data isn't public in the state registry), and wide recognition with the banking and payment platforms non-residents actually use.
The step that actually gates everything: your EIN
The state filing itself is fast — 5 to 10 business days for Wyoming, standard processing. The part that trips people up is the Employer Identification Number (EIN) from the IRS, which you need before you can open a bank account or file anything with the IRS later. You do not need a Social Security Number to get one. As a foreign applicant, you fax Form SS-4 to the IRS (or call their international line), and write "Foreign" on line 7b where a US applicant would write their SSN. This route generally takes longer than the instant online EIN process available to US residents, so build in extra time rather than assuming it's a same-day step.
Banking without a US visit
Once you have your EIN, opening a US business bank account is the next real hurdle. Traditional banks — Chase, Bank of America, Wells Fargo — generally expect an in-person visit, even for a foreign-owned LLC. Fintech business banking built specifically for this situation — Mercury, Wise Business, Relay — onboards non-resident-owned LLCs entirely remotely, with electronic identity verification instead of a branch visit. This is the path the large majority of non-US-resident-owned Wyoming LLCs actually take.
The filing everyone forgets: Form 5472
This is the single most expensive mistake we see. Every single-member LLC owned by a non-US person must file Form 5472, attached to a pro-forma Form 1120, every single year — even with zero income, zero activity, and zero US tax owed. It reports transactions between the LLC and its foreign owner: capital contributions, distributions, loans, transfers of services. The penalty for missing it starts at $25,000, minimum, per year. Not a percentage of tax owed — a flat penalty, regardless of whether you owed a single dollar of US tax. Set a standing reminder for this the day your EIN is issued, not the week the filing is due.
What we'd tell a founder starting today
- Wyoming LLC unless you have a specific, near-term reason to be in Delaware.
- Apply for the EIN the same week you file — it's usually the longest step, not the state filing.
- Pick a fintech bank built for non-resident LLCs rather than assuming a traditional bank will work remotely.
- Calendar Form 5472 the day the EIN arrives, due alongside your pro-forma Form 1120 every year the LLC exists.
For the full breakdown of entity types, current costs, and the complete registration sequence, see our US company registration guide.