Foreign entrepreneurs can form a U.S. company without being citizens or residents—but the details matter. The wrong entity, state, or EIN filing can trigger tax friction, bank rejections, or compliance penalties. In 2025, updated SBA and USCIS rules also shape financing eligibility and clarify who must register after longer stays. Riveros Corp guides non-resident founders with a compliance-first approach: we recommend the right structure and state, provide a reliable registered agent, manage the EIN process with the IRS, and coordinate with licensed attorneys when immigration questions arise. You focus on growth; we handle the paperwork—without DIY risks.
Common Mistakes Foreigners Make When Registering a Business in the USA
1. Choosing the Wrong Business Structure
Many foreigners are unsure whether to form an LLC, Corporation, or Partnership. Selecting the wrong structure can affect taxes, liability, and compliance.
- How Riveros Corp helps: We evaluate your business goals and recommend the best entity type tailored to your needs.
2. Registering in the Wrong State
Not all states are equal when it comes to business regulations and taxes. Many foreigners assume Delaware or Nevada are always the best options, but that’s not always true.
- How Riveros Corp helps: We guide you in choosing the state that offers the best legal and financial advantages for your business model.
3. Not Obtaining an EIN (Employer Identification Number)
The EIN is essential for opening bank accounts, hiring employees, and filing taxes. Many foreigners forget or struggle to obtain it.
- How Riveros Corp helps: We handle the EIN application process directly with the IRS on your behalf.
4. Confusion About Visas and Immigration Status
Registering a business does not automatically give you a U.S. visa or work authorization. Many foreigners mistakenly believe otherwise.
- How Riveros Corp helps: While we don’t provide immigration services, we connect you with trusted attorneys and explain the clear differences between business ownership and work authorization.
5. Lack of a U.S. Address or Registered Agent
Foreigners often overlook the requirement for a registered agent or physical address in the U.S., which can lead to non-compliance.
- How Riveros Corp helps: We provide reliable registered agent services and mailing solutions so your business always meets state requirements.
Compliance Notes for International Founders
Alien Registration (30-Day Rule) — Who It Applies To
Not everyone must newly “register.” Some foreign nationals are already registered through their I-94/I-94W record when they enter the United States. The 30-day registration requirement applies primarily to non-registered individuals who remain in the U.S. 30 days or longer during a given stay and who were not registered and fingerprinted (when required) at the visa stage. Registration is not an immigration status and does not grant work authorization. Our team clarifies whether this affects you and coordinates with trusted professionals where appropriate.
International Entrepreneur Rule (Updated Thresholds)
The International Entrepreneur Rule (IER) offers a parole pathway—not a visa—for founders who demonstrate substantial growth potential. As of FY2025, USCIS lists updated monetary thresholds, including at least $311,071 in qualified investment from qualifying U.S. investors within the last 18 months, or $124,429 in qualified government awards or grants. Alternative evidence can supplement partial funding. We help you understand whether IER complements your business strategy and how it fits with entity formation and hiring plans.
SBA-Backed Financing (Ownership Requirements)
If you plan to explore SBA-backed loans, be aware that 2025 policy requires 100% beneficial ownership by U.S. citizens, U.S. nationals, or lawful permanent residents. Many non-resident founders still access capital through non-SBA lenders or equity. We profile capital paths aligned with your structure and state while keeping documentation consistent with KYC/AML expectations.
How Riveros Corp Stands Out
Compliance-First, No Guesswork
We go beyond basic registration. Our specialists map your operations to the right state and entity type, provide a reliable registered agent, and manage EIN filing end-to-end—including responsible-party details aligned with IRS rules. You avoid common rejection points and maintain good standing from day one.
Coordination with Trusted Immigration Attorneys
Company formation does not grant a visa or work authorization. When immigration questions arise , we coordinate with licensed attorneys. You get clarity without mixed signals or DIY risk.
Post-Formation Support That Keeps You in Good Standing
Formation is the start. We provide reminders and guidance on annual filings, registered agent continuity, and documentation so your entity stays compliant as you grow. Our approach is proactive and pragmatic—built for non-resident founders.
Conclusion
Yes, a foreigner can register a business in the USA, but avoiding mistakes is crucial for success. From choosing the wrong entity to missing key legal steps, these errors can delay your business goals. With Riveros Corp, you don’t have to navigate these challenges alone —we guide you from start to finish, ensuring your business is legally established and ready to grow.
The information contained in this publication is provided for general informational purposes only and does not constitute legal advice. Reading or using this content does not create and is not intended to create an attorney-client relationship. No reader or user should act or refrain from acting based on the information presented herein without first consulting an attorney duly licensed to practice law in their jurisdiction.
FAQ
Does forming a company grant a U.S. visa or work permit?
No. Formation alone does not provide immigration status or employment authorization.
Can I get an EIN without an SSN/ITIN?
Yes. The responsible party may leave line 7b blank or use “N/A/foreign” if they do not have and are ineligible for an SSN/ITIN.
Do I need a registered agent?
Yes. LLCs and corporations must list a registered agent with a physical in-state address.
