All states allow a foreign citizen to form a company in their jurisdiction, although they can differ in their requirements. Generally, you’ll need the same paperwork requirements as US citizens. The two main things you’ll need to get started are:
Individual Taxpayer Identification Number (ITIN) — this will be needed for you to apply for the Employer Identification Number (EIN).
Registered Agent — your business address can be outside the US, but you must have a Registered Agent within the state where you form your business to accept your formal documents. Your company can’t be listed as its own Registered Agent.
These are some other criteria for you to be aware of:
Legalinc can’t obtain your EIN online with the IRS if you don’t have a Social Security Number, but we can prepare the SS4 paperwork for you to fax to the IRS. In this case you would need to liaise with the IRS directly, via phone or mail.
There are a few countries that are ineligible exceptions to being able to form a company in the US — those involved in an OFAC sanction process, such as North Korea and Iran.