Want to start an LLC in the US from India? Indian citizens can generally own U.S. LLCs without being U.S. residents. This guide explains state selection, registered agents, formation documents, EIN applications, tax reporting and key immigration considerations.

An Indian citizen can generally form and own a limited liability company in the United States without being a U.S. citizen or Green Card holder. The IRS says most states do not restrict LLC ownership and members may include foreign individuals and entities.

However, creating the LLC is only the first step. State registration, federal tax reporting and immigration rules must also be considered.

Step 1: Choose the state for your US LLC

LLCs are created under state law, so registration requirements and fees vary. If the business will physically operate in a particular state, forming there may simplify compliance.

The SBA says businesses generally need to register in states where they have a physical presence, employees or substantial business activity. Operating in multiple states can also require foreign qualification.

Step 2: Choose a business name and registered agent

Select a name that meets the chosen state's requirements and check whether it is available.

Most states require an LLC to have a registered agent located in that state. The agent receives official notices and legal documents for the company.

Step 3: File the LLC formation documents

File the required formation document, commonly called Articles of Organization, with the appropriate state agency and pay the state filing fee.

The SBA says registration costs are generally below $300 in many cases, although the actual amount varies by state and business structure.

Step 4: Apply for an EIN from India

Many LLCs need an Employer Identification Number for federal tax and business purposes.

International applicants without a U.S. legal residence, principal office or principal place of business cannot use the IRS online EIN application. They can use other IRS application methods.

If the responsible party has no SSN or ITIN and is ineligible for one, current Form SS-4 instructions allow “foreign” or “N/A” on the relevant line.

Step 5: Understand foreign-owned LLC taxes

An LLC's federal tax treatment depends on its ownership and elections. A single-member domestic LLC is generally treated as a disregarded entity, while a multi-member LLC normally defaults to partnership taxation unless another classification is elected.

A foreign-owned U.S. disregarded entity may also have to file Form 5472 with a pro forma Form 1120 when applicable.

Do US LLCs still need FinCEN BOI reports?

For an LLC created under U.S. law, the current answer is generally no.

FinCEN issued a final rule on August 11, 2026, effective August 14, 2026, making permanent the exemption of U.S.-created companies from federal Beneficial Ownership Information reporting requirements. Certain foreign entities registered to do business in the U.S. remain subject to separate rules.

An LLC does not provide US work authorization

Owning an LLC does not by itself authorize an Indian citizen to work in the United States. USCIS states that noncitizens must have employment authorization through their immigration status or another authorized basis before legally working in the country.

Indian entrepreneurs should therefore plan LLC formation, taxes and immigration status separately before actively operating a business in the U.S.