• Country: The U.S
  • Services: Company formation
  • Rating Count: 127
  • Rating Value: 5

If you are a business owner who is…

  1. Worried about staying compliant with U.S. laws and running your operations transparently;
  2. Unsure about the correct process to form an LLC in the USA;
  3. Curious about how to prepare accurate documents right from the start;
  4. Struggling with how to manage operating costs and run your business when selling in the U.S.;
  5. Unclear on how to handle taxes properly to avoid costly penalties from the IRS and state tax authorities.

You’re not alone. Many clients turn to Global Link Asia Consulting for our expertise in answering exactly these questions.

Keep reading to discover why an LLC in the U.S. is the top choice for global business owners, and how you can start your own business expansion journey right from the start, with our expert’s insights.

1. Can foreigners set up an LLC in the U.S.?

One common misconception we often hear at Global Link Asia Consulting is whether foreigners are allowed to form an LLC in the United States.

The answer is a definite 100% yes.  Foreign owners are permitted to own companies in the U.S., except for an S-Corporation (which requires shareholders to be 100% U.S. citizens or residents).

So, what exactly is an LLC, and why do so many American and foreign business owners choose this structure when setting up their U.S. entity?

2. What is an LLC?

An LLC is one of the 9 main types of business entities in the United States that you can choose from.

Specifically, an LLC (short for Limited Liability Company) is a popular business structure that combines the flexibility of a sole proprietorship with the legal protection of a corporation.

When you own an LLC, your assets are legally separated from the company’s liabilities. This means you can reduce your risk if the company faces legal or financial issues.

3. Who is a US LLC best suited for?

An LLC is an excellent choice for:

  • Freelancers and independent contractors
  • Consultants and solo professionals
  • Small startups seeking a flexible launch structure
  • Foreign entrepreneurs looking to enter the U.S. market (e.g., selling on Amazon, Etsy, Walmart, etc.)

They chose to open an LLC in the US because this kind of company type offers numerous benefits that are too good to ignore for foreigners.

4. Benefits of forming an LLC in the US

Beyond the practical advantage of protecting your assets and investment, an LLC also offers several outstanding benefits compared to other business structures, including operational efficiency, suitability for low-capital startups, high credibility, and ease of registration.

5. Should you choose an LLC or a C-Corp as an international business owner?

In addition to the LLC structure, the C-Corp is also a top choice for many business owners — both U.S. citizens and foreign nationals.

To help you clearly understand the differences between the two, Global Link Asia Consulting has prepared a comparison table of the most important factors:

Criteria LLC C-Corp
Personal asset protection Yes Yes
Flexibility in tax & management High – easy to maintain Low – more paperwork
Ease of incorporation Easy More complex requirements
Suitable for foreign owners  No U.S. citizenship required Possible, but requires clear legal support
Phù hợp để gọi vốn đầu tư Không phù hợp  Được yêu cầu nếu gọi vốn Mỹ
Ideal for raising investment Not suitable  Preferred if raising U.S. venture capital
When should you chooose? Choose an LLC if you are a freelancer, small startup, consultant, or international entrepreneur who wants to enter the U.S. market with low cost and minimal legal risk. Choose a C-Corp if you plan to raise funds from U.S. investors or aim for an IPO, and need a clear, transparent investment structure.

6. Which state should you chooose to open an LLC in the USS

The U.S. has 50 states, and each state has its own government with separate business laws.

That’s why choosing the right state is one of the most important decisions business owners must make from the very start.

To make a clear decision, it’s essential to understand the difference between a Foreign LLC and a Domestic LLC.

6.1. Foreign LLC or Domestic LLC?

An LLC in the U.S. is governed at the state level, not the federal level.

Each state has its own rules for registering, maintaining, and taxing an LLC.

  • If you set up and operate your business in the same state, your company is called a Domestic LLC.
  • If you set up your company in one state but operate your business in another state, your company is considered a Foreign LLC.

For example, 

  • If you operate in North Carolina and set up your LLC in North Carolina, it’s a Domestic LLC.
  • If you live in Florida but set up your LLC in North Carolina, it is considered a Foreign LLC in Florida.

Choosing the right state is critical because where you live and where your LLC earns revenue can directly affect how much tax you pay and how you calculate it. Each state has its own tax rules — including income tax, franchise tax, and sales tax — and these can differ widely.

For example, an LLC formed in Florida may have to pay franchise tax and sales tax in Florida. If your business sells products or services in another state, you may also be required to register there and pay sales tax according to that state’s rules.

This means that your state choice isn’t just about registration costs; it can have a long-term impact on your tax obligations and compliance requirements.

What should foreign business owners running an online busiiness choose

Most online businesses operate across the entire U.S. or globally, without being tied to one specific state.

Generally, foreign business owners choose a Foreign LLC because:

Their business operates in multiple states

They sell online to customers across the U.S., or to several key states

This is why many foreign business owners — even U.S. citizens — choose to form their LLC in business-friendly states such as:

  1. Delaware
  2. Wyoming
  3. Nevada

These states offer:

  1. Attractive tax incentives
  2. Strong owner privacy protection
  3. Simple, streamlined business maintenance

These states are perfect for

  1. Foreign entrepreneurs living abroad
  2. Online businesses that don’t require a physical U.S. office for employees but need to have a storage space for fulfillment services.

7. Standard 6-Step process for forming an LLC in the U.S.

At first glance, the business registration process may seem simple — choose a name, register legally, apply for a tax ID, open a bank account, set up payment gateways, and maintain annual compliance.

However, many business owners get stuck at different stages and can’t fully or smoothly complete their company setup. That is the typical state our clients come from,  they try do do it by themselves or by a corporate service provider who promises at a cheap price but fail to deliver.

Each step requires preparing proper documents, understanding U.S. laws, and navigating U.S. systems — something many international entrepreneurs find challenging when doing it themselves.

Global Link Asia Consulting helps business owners simplify this entire process. We partner with you from A to Z, offering strategic advice for the most suitable growth path. (No hidden fees. No misleading information. Just professionalism, dedication, and a genuine desire for your company to grow sustainably).

Step What you should do  Exclusive support from Global Link Asia Consulting
1. Choose a company name and type Select a unique company name and LLC structure.

We advise on choosing the right state, company structure, and brand name based on your global business direction.

We also register your domain and trademark to strengthen branding — expertise most service providers can’t offer.

2. Legally form your company Register your company in the chosen U.S. state and file the incorporation documents We handle the entire process from A to Z, shortening setup time and ensuring your application is not rejected, using our exclusive 10-year KYC process.
3. Apply for your EIN (Employer Identification Number) The EIN is your business tax ID. It is required for legal operation in the U.S.

We use a specialized internal process to help international clients obtain an EIN safely and on time. (Low-cost do-it-yourself platforms won’t help if you don’t have an SSN.)

4. Open a U.S business bank account

Open a proper account with a licensed U.S. bank.

This is where many business owners get stuck, due to unclear or incomplete company formation processes.

We use our exclusive KYC process to increase approval rates and guarantee at least one successful account opening. (Other providers only give documents without guaranteeing success.)

5. Set up a payment gateway Connect your bank account to platforms like Stripe, PayPal, Wise, etc., to start receiving payments. We recommend the most suitable and legal platforms for your business. Our advice is practical, hard to find elsewhere.
6. Compliance & Tax filing in the U.S. Ensure your company operates legally and files taxes on time. We proudly provide accurate, lawful, and efficient U.S. tax and accounting services with trusted CPAs, helping your company operate sustainably.
7. Operational optimization Ensure your company maintains a balance between costs, revenue, and optimized business operations (accounting, marketing, legal, IT).

We take pride in advising and assisting businesses in building highly efficient foreign company management systems with AI integration, including:

  • Accounting systems set up to international standards with Xero or QuickBooks.
  • Standard contract templates prepared by experienced international business lawyers.
  • AI integrations (AI chatbot, AI-powered training systems).
  • Trademark registration for your products and services with the USPTO (United States Patent and Trademark Office).
  • Global certifications such as ESG and D-U-N-S to accelerate business growth and credibility.

8. 3 common mistakes bussiness owners make when registering an LLC in the US

With over 10 years of experience advising and helping hundreds of business owners resolve complicated issues, Global Link Asia Consulting has seen many cases where companies face serious consequences  such as frozen bank accounts, license suspension, penalties for unpaid sales tax, and even lawsuits from landlords or warehouse providers.

Below are some of the most common mistakes businesses make when registering a U.S. LLC, based on our experience supporting hundreds of American company owners.

8.1. Forgetting to pay Franchise Tax

Global Link Asia Consulting provides timely reminders and complete annual compliance services so you never miss a deadline.

Many business owners believe that if they have no revenue, they don’t have to pay this tax. However, in many states, Franchise Tax is a legal requirement regardless of revenue.

For example, in California, the law requires all companies to pay a minimum $800 Franchise Tax each year, even if their revenue is zero.

If you fail to pay:

  • Your business will be suspended.
  • You may face a $250/year penalty plus interest, not including reinstatement fees.
  • You could lose your legal standing, have your bank accounts frozen, and be unable to sign contracts.

One of our clients who registered an LLC in California had to pay $2,200 to reinstate the company’s status, after which we took over the tax and accounting management to ensure it never happens again.

Important note

 The state where you form your LLC and the states where you earn revenue directly affect your taxes and how they’re calculated. Each state has different tax rules. 

For example, a Florida LLC must pay Franchise Tax and Sales Tax in Florida, and you may also need to pay Sales Tax in other states if their rules require it.

8.2. Using an unreliable address for the company

In an attempt to save costs, many owners use a residential address, a friend’s address, or a random address found online. This is a high-risk decision that can seriously affect your rights as a business owner.

Possible risks include:

  • Your personal information becomes public in the state’s online database.
  • You are vulnerable to spam, identity theft, or fraud.
  • You may miss important legal or government notices because they were sent to an address you don’t actively monitor.
  • If you move and forget to update your business address, your company may be fined, lose its legal standing, and have its bank and payment accounts frozen.

Global Link Asia Consulting provides a real, legal U.S. business address that meets state requirements, allowing you to communicate with U.S. authorities and banks when needed.

8.3. Operating without a proper operating agreement

Some businesses with only one or two members think this document isn’t necessary. However, the Operating Agreement is a key legal document that separates your personal assets from your business assets.

Without it, you risk:

  • Internal disputes becoming difficult to resolve (especially with multiple members).
  • Increased chance of “piercing the corporate veil”, where a court may treat your LLC as a sole proprietorship or partnership — eliminating your limited liability protection.

9. How can we help you build an evergreen business in the US as a foreigner?

Opening an LLC in the U.S. isn’t complicated—once you clearly understand the process.

However, setting up your company the right way so it operates efficiently and sustainably is a strategy worth investing in.

You don’t need to do everything at once. Start by answering these key questions:

  1. Are you running an online business or planning to open a physical store?
  2. Where are your current customers located?
  3. Do you plan to expand into the U.S. or global markets in the next 6–12 months? What preparations have you made?
  4. How will you pay suppliers and receive payments from customers?

Once you’ve answered these questions, Global Link Asia Consulting can help turn your U.S. LLC setup into a stepping stone for global business expansion.

10. FAQs about opening a SaaS company in Delaware

1. Do I need an SSN or EIN to legally start a company in the U.S.?

You need an EIN to legally register your company in the U.S.

  1. If you already have an SSN, you can apply for an EIN directly online.
  2. If you don’t have an SSN, you’ll need to file Form SS-4 to obtain an EIN.

Global Link Asia Consulting will assist you in applying for an EIN and increasing your approval success rate.

With over a decade of experience serving as a trusted partner to more than 750 business owners seeking professional development and breakthroughs in the international market, we are an  expert strategic corporate service provider helping you incorporate and operate successfully in 10 different countries

Our areas of expertise include:

With over 10 years of experience and a team of experts with 5 to 25 years of experience (international standard certifications) as well as direct partnerships with institutions such as OCBC, UOB, DBS, PayPal, and Stripe, we are proud to offer professional, legal, transparent, sustainable services with no hidden costs.

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Global Link Asia Consulting Pte. Ltd. is pleased to announce the publication of the above insightful and informative article on our official website, Global Link Asia Consulting on 13th August 2025. The copyright for this article is exclusively held by Global Link Asia Consulting Pte. Ltd. Any unauthorized reproduction or distribution of this content without our express written permission is strictly prohibited. We value the protection of our intellectual property and appreciate your cooperation in adhering to these guidelines. Thank you for your continued support of Global Link Asia Consulting Pte. Ltd.

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