Jurisdicción de Estados Unidos,
explicada con claridad.

U.S. jurisdiction,
explained clearly.

LLC formation edition
4 guides published

LLC Formation

Who you are does not block this. The name does
The lead

Non-residents can form and own a limited liability company in the United States. There is no citizenship test and no visa requirement attached to the filing itself; what states generally do require is a registered agent with a physical address inside the state. That is an arrangement, not a barrier — and once it is in place, the person filing is no longer the obstacle.

Business · LLC Formation
Foreign entrepreneur preparing to open an LLC in the United States

The obstacle is the name. Every state requires a legal name distinguishable from existing records, and a conflict there is a delay that happens before the clock even starts running. Worse, a name can clear the state’s availability check and still collide with a federal trademark in the same class of goods or services.

Start here

Three checks, in the order that avoids a restart.

1

Residency, ownership and the registered agent the state expects.

2

Availability on the state registry is one check. Trademark is a different one.

3

What the filing method and the responsible party’s SSN do to the timeline.

Best placed

A name only has to be different enough from what is already on the state’s registry. Reaching for something deliberately generic clears that bar and creates a different problem: banks and payment processors prefer a name that clearly identifies the entity they are onboarding.

The calendar
Calendar and documents illustrating Florida LLC processing times
The Division of Corporations, the chosen name, online or postal filing, and whether the responsible party has an SSN.

Errors of name

Three ways a filing stalls before anyone reviews it
Not distinguishable

States require the legal name to be distinguishable from existing records. A conflict here is the delay that happens before the clock starts, and it forces a pivot rather than a wait.

Available, and still taken

A name can be available for entity registration and still collide with a federal trademark in your class of goods or services. Those are two separate searches.

Deliberately generic

Even when a generic label slips through the availability check it can hurt later: customer confusion, and onboarding friction with banks and payment processors.

What actually gates it

Two of these are real gates. One is not

Non-US residents can form and own a US LLC. Nationality does not appear in the filing requirements, and the question that brings most readers here has a short answer: yes.

Answer: yes

States generally require an in-state registered agent with a physical address in the state of formation. It is arranged, not waived, and it is the piece a non-resident cannot supply alone.

Arranged, not waived

Distinguishable from existing records, clear of federal trademark in its class, and practical for banking and marketplaces. Fail any of the three and the filing does not proceed.

Three tests, not one

The person filing

And what the state asks of them

Ownership, the registered agent, the EIN application and practical banking.

The variables that move the calendar, including the filing method.

The charter is public; the governing document never leaves the company.

The name

Three tests, run in order

Availability, state naming rules, trademark reality, and practicality for banking.

What distinguishable actually means, and why generic backfires even when it clears.

The formation document, and how it differs from a corporation’s.

The file

Four things this section settles
0
Residency requirements

Non-US residents can form and own a US LLC. Nationality is not part of the filing test.

1
Registered agent

States generally require one, with a physical address inside the state of formation.

2
Separate name checks

State availability is one search. Federal trademark in your class of goods or services is another.

Name
What delays the calendar

A name conflict is the common delay that happens before the processing clock even starts.

Notary Public Center

The documents the new company will be asked to show

Once the LLC exists, what it needs is paperwork other people will read: certified copies, corporate documents prepared for a bank, and authentication when any of it has to be used outside the United States.