How to Start a Business in the USA as a Non-Resident (From the UK)

Starting a new business is an exciting venture, but it can also be a scary one. The complexity of launching a company in a foreign country can be overwhelming. With changes constantly happening in the political and economic climate in the US, you may even be unsure if now is the right time to get your business going. However, the United States has welcomed foreign businesses for quite some time and will likely continue to do so.

The good news is that the steps for setting up a business in the USA from the UK are fairly simple, and there are plenty of resources available to help you along the way. This guide will help break down the complexities of registering a company in the USA.

And while you start the process of expanding overseas, make sure to check out Wise Business - a powerful multi-currency account, which could help you manage company finances in the US, UK and worldwide.

US company formation for non-residents

At the moment, there are two types of entities that non-residents can open in the US:¹

• Limited Liability Company (LLC)
• Corporation (C-Corp)

Open LLC in the USA for non-resident

While foreign entrepreneurs are often recommended to form a C-Corp, there are some distinct advantages to open a LLC in the USA for non-resident. The most obvious of these is limited liability - meaning members are protected from personal liability for business decisions or actions, and personal assets are safe if the company incurs debt or is sued.

LLCs are also free from the strict recordkeeping necessary for C and S-Corps, and have almost no restrictions on profit sharing between members.

Start a C-Corp in the US as non-resident

Many foreign-owned businesses looking to launch in the U.S. tend to choose the C-Corp business structure. The advantages of forming as such are significant, with the most often-cited reason being the ability to expand by offering unlimited stock: a feature that is often attractive to investors.

Foreign owners also find solace in the C-Corporation structure for its ability to protect them from close I.R.S. involvement. That shield, of course, comes with the price of double tax - but that financial damage is often avoided through careful tax planning, which can be structured to cancel out most of the double taxation.

Will I need a Business Visa for the US?²

If your plan is to move to the US and start or expand your business there, the type of visa you’ll need will depend on your business’ current state.

If you have an existing business outside of the US that has been trading for at least twelve months and are actively doing business in the US (or will be soon), you’ll need to get a L-1A visa. This is known as an intracompany transferee visa, and it allows the transfer of managers or executives over to the US branch of a business.¹

Otherwise, you’ll need an E-2 visa. This is a treaty investor visa which allows the holder to work in the US for a business in which they’ve invested a substantial amount of capital.¹

The E2 visa is possibly the best choice if you don’t have a business outside of the US and want to move there to start one. It is also the most popular for entrepreneurs (and the closest thing the US offers to a “start-up visa”). You can also check the Investor Visa EB-5 as an option.

Here are the key requirements to get a E-2 visa:

• You should be national of a country with which the United States maintains a treaty of commerce and navigation
• A detailed business plan
• You must have invested, or be in the process of investing, a significant amount of capital into an active and operating US enterprise, and be entering the US in order to develop and direct the company
• A successful visa applicant must be acting under a supervisory or executive capacity whilst undertaking their business in the USA
• An applicant must have invested, or be in the process of investing a significant amount of capital into an existing and operating US enterprise, and be entering the US based on these terms

The E-2 visa is valid for an initial 2 years. The activities of the business will be reviewed after this period and if the conditions of the visa are being continually met, status can be extended in additional two-year stages.²

What state should I register my business in?

The best state to register in is the one in which you will be conducting business. However, if you’re an online company or do business across a range of regions, you may want to consider registering in a state with lower tax burdens. Two states that are notoriously inexpensive for entrepreneurs are Nevada and Delaware.

Delaware is particularly popular, thanks to corporate law that provides significant protections to shareholders and directors. Incorporating in Delaware also doesn’t require a physical address or bank account. In fact, the state is so welcoming to foreign entrepreneurs that Delaware’s corporate law website is available in quite a few different languages.

How to register a company in the US?

The process for registration varies slightly from state to state, and is somewhat dependent on whether you’re forming an LLC or a C-Corp. Here are some of the basic steps and requirements³:

1. Choose a unique name as a trademark

You will need to choose a unique name that has not been previously registered in the United States. The US Patent and Trademark Office has a trademark database you can search.

2. Register with state agencies

You’ll likely need to register with any state where you will conduct business activities. This involves;

• Having a physical presence in the state
• Frequent in-person client meetings in the state
• A significant amount of your company’s revenue comes from that state
• If any of your employees work in the state

3. Get a registered agent

A registered agent is a business or individual who receives official papers and legal documents on behalf of your company. Your agent must be based in the state where you register your business.

4. File for Foreign Qualification

You’ll need to file for a foreign qualification in other states where you also conduct business activities.

5. File state documents and fees

The documents you’ll need will vary according to your business structure and the where you register the business. You’ll typically need the following information:

• Business name
• Business location
• Ownership, management structure, or directors
• Registered agent information
• Number and value of shares (for corporations)

The total cost to register your business in the US is usually less than $300 but this can vary from state-to-state and may depend on your business structure.

6. Register with local agencies

You might need to file for licences and permits from the county or city for LLC, corporation, partnership, or nonprofit corporation business types. If you’re using a trade name or a fictitious name, you might also have to register them in the local county or city.

7. Open a Business bank account

If you don’t have an existing business account, you may be required to get one to carry out business financial transactions in the US - especially for LLC and corporation types.

There are a lot of options to choose from but it's worth putting some effort into research as some banks/providers can be a lot cheaper than the other for the same types of services.

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Where else can I find help?

The US Small Business Administration is a great resource for more comprehensive information about opening a business.

You’ll also want to give yourself a crash course on corporate law in the state in which you plan to register. While you may have to find these individually,Cornell University has a table of various state laws regarding corporations.

If you’re still looking for a deeper dive, check out the United State Government’s BusinessUSA.gov website - it’s a central, governmental platform for small businesses to access information and services designed to help them get started and grow.

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Sources used in this article:

Last checked on 25-Aug-2025