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Can an Indian resident register and own a US company without a visa?
Yes. You can register a US company from India, own 100% of it, and serve as its director without US citizenship, a green card, an SSN, or a visa. No US law requires residency to own a US business entity [4][5].
Quick Answer: An Indian resident can form and own a US LLC or C-Corp entirely remotely. You need a passport, an Indian address, a registered agent in the formation state, and a company name. No SSN, ITIN, or US visit is required for formation. Ownership does not give you the right to work in the US, though. Those are two separate legal questions.
This is the single most misunderstood point, so let's be blunt: owning a US company and working in the US are different things. You can hold every share of a Delaware C-Corp while sitting in Bengaluru. What you cannot do without work authorization is draw a US salary, sit in a US office doing the work, or be employed by your own US entity. [4] makes the same distinction.
Say your SaaS company is a Delaware C-Corp and you live in Pune. You own 100%, you are the sole director, and you sign the formation documents from India. The company hires a US contractor for sales calls. That is legal. You flying to San Francisco to run those sales calls yourself for three months is a different question, and the answer depends on your visa, not your shareholding.
If you want help with the filing itself, NexFyla handles US LLC and C-Corp formation for non-residents, including the registered agent.
Which business structure should Indian founders choose: LLC, C-Corp, or S-Corp?
Most Indian founders raising venture capital pick a Delaware C-Corp. Bootstrapped service businesses and solo SaaS operators pick an LLC. S-Corp is off the table for a non-resident, because the IRS requires S-Corp shareholders to be US citizens or resident aliens.
| LLC | C-Corp | S-Corp | |
|---|---|---|---|
| Non-resident can own | Yes | Yes | No |
| Taxation | Pass-through to members | Entity-level, 21% federal corporate rate | Pass-through |
| VC fundraising | Awkward | Standard | Not used |
| Compliance burden | Light | Heavier: bylaws, board, stock ledger | Light |
| India-side ODI treatment | Permitted | Permitted | Not available to you |
A C-Corp pays federal corporate income tax at 21% on its profits. An LLC does not pay federal income tax itself; profits pass through to the owners, and a non-resident owner's US tax position then depends on whether that income is US-source and effectively connected, plus the treaty. That is not a do-it-yourself calculation. Get a qualified tax professional involved before your first profitable year, not after.
Why do most VC-backed Indian founders pick a Delaware C-Corp?
US investors have a standard playbook: preferred shares, a board, NVCA-style documents, and Delaware law. A C-Corp slots into that. An LLC forces investors into a different tax and governance structure, and many US funds simply pass.
When does an LLC make more sense?
Consulting, agency work, a bootstrapped product with no fundraising plans, or a single-founder business where simplicity beats investor-readiness. An LLC is cheaper to run and easier to wind down.
How do you choose the right state to register your US company?
Delaware for VC-backed C-Corps. Wyoming or New Mexico for low-cost, privacy-friendly LLCs. Your operating state if you have US staff, an office, or physical operations there.
| State | Filing fee | Ongoing cost | Best for |
|---|---|---|---|
| Delaware | Check the current official fee | Annual franchise tax and annual report | C-Corps raising VC |
| Wyoming | Check the current official fee | Annual report | LLCs wanting low fees and privacy |
| New Mexico | Check the current official fee | No annual report for LLCs | Cheapest set-and-forget LLC |
| Operating state | Varies | Varies | Companies with real US presence |
State fees change. Verify every number on the Secretary of State's own site before you wire anything.
One trap: forming in Wyoming does not exempt you from registering in the state where you actually operate. If you hire a US employee in Texas or lease an office in California, you register there too, as a foreign qualification. That means a second filing fee and a second annual obligation. Founders forget the second one and get hit with penalties.
Suppose you run a two-person consultancy from Ahmedabad with US clients but no US office and no US employees. Wyoming is fine and cheap. Now suppose you open a small New York office. You now register in New York as well, and the New York costs stack on top of Wyoming's.
What documents and information do Indian founders need to register a US company?
A passport copy, proof of Indian address, a company name, a registered agent in the formation state, and the names and addresses of members, directors, and officers. That is the whole list.
You file Articles of Organization for an LLC or a Certificate of Incorporation for a C-Corp with the state. You then adopt an operating agreement (LLC) or bylaws (C-Corp), which are internal documents the state does not need to see. Then you apply for an EIN, the US federal tax ID number, using IRS Form SS-4.
A registered agent is a person or company with a physical address in the formation state who accepts legal service on your behalf. Every state requires one. You cannot use a PO box, and you cannot be your own agent from India.
Notarization and apostille are rarely needed for formation. Banks sometimes ask later, so keep a clean set of signed documents.
How does an Indian resident get an EIN without an SSN?
File IRS Form SS-4 by fax and follow up by phone. Write "Foreign" on the SSN line. No SSN or ITIN is required to get an EIN.
Practical sequence:
- Complete Form SS-4 with the responsible party as the individual owner, not the company.
- Fax it to the IRS international line listed in the SS-4 instructions.
- Wait, then call the IRS international number to confirm or complete it by phone.
- Collect the CP 575 letter, or request a 147C letter if you never received the CP 575.
The CP 575 or 147C is the document banks ask for. Keep the PDF safe; you will upload it repeatedly. Estimated turnaround runs from days by phone to a few weeks by fax.
If you need an ITIN later for personal filings, that is a separate Form W-7 process, and NexFyla's EIN assistance for non-US residents covers the SS-4 side.
How can Indian founders open a US business bank account remotely?
Yes, through fintech providers that accept non-resident founders: passport, EIN letter, formation documents, and often a US phone number. Traditional US banks usually want a US visit or a US address.
| Provider type | Remote onboarding | Typical requirements | Notes |
|---|---|---|---|
| Fintech (Mercury, Relay, Brex) | Yes | Passport, EIN, formation docs, US phone | Policies change; check each provider's own docs |
| Traditional US bank | Rarely | US address, sometimes in-person | Often needs a US visit |
KYC friction is real. A registered agent address does not satisfy every bank, and some providers want a US phone number. Get the EIN first, because the EIN letter is the single document that moves applications forward.
Heads-up: no provider is obliged to approve you. An LLC or C-Corp makes you eligible to apply. Approval stays the provider's decision, and it can change with their risk appetite.
Imagine you apply to three fintechs in one week with the same document pack: passport, CP 575, Articles, operating agreement. Two ask for a US phone number, one approves. That is normal, and it is why you apply to more than one.
For the account itself, see opening a US business bank account as a non-resident.
What are the US and India tax obligations for an Indian founder's US company?
Your US company files a US federal return every year, even with zero revenue. You also have India-side obligations under FEMA. Skipping either is where the expensive mistakes live.
| Filing | Form | Agency | Penalty for missing |
|---|---|---|---|
| C-Corp income tax | Form 1120 | IRS | Failure-to-file penalties |
| Foreign-owned single-member LLC | Pro forma Form 1120 + Form 5472 | IRS | $25,000 per form |
| Multi-member LLC | Form 1065 | IRS | Failure-to-file penalties |
| India ODI reporting | Form FC via your AD bank | RBI | FEMA compounding |
| India foreign asset disclosure | Schedule FA in your ITR | Income Tax Department | Penalties under Indian law |
The $25,000 Form 5472 penalty is the one that ends companies. A foreign-owned single-member LLC must file Form 5472 with a pro forma Form 1120 even with no income and no activity. Founders assume "no revenue means no filing." That assumption is expensive.
On the India side, most investments by Indian residents into a US operating company fall under the automatic route of the Overseas Investment Rules, 2022, but they must be made and reported through your AD bank [7]. The reporting is not optional paperwork you get to later.
The US-India tax treaty affects withholding on dividends, royalties, and interest, and it decides which country taxes what. W-8BEN and W-8BEN-E are the forms used to claim treaty benefits. Treaty rates and permanent establishment questions need a CPA, not a blog post.
Suppose your Indian company invoices your US LLC for development work. That is a related-party transaction. Transfer pricing documentation now matters, and both tax authorities can ask for it. Price the services as if the two companies were unrelated.
Federal filings are where a specialist pays for themselves: Form 5472 and Form 1120 support for foreign-owned US companies.
What are the most common mistakes Indian founders make when registering a US company?
Skipping Form 5472, ignoring India's ODI rules, choosing the wrong entity for fundraising, and assuming a US company gives you work authorization. Those four cover most of the damage.
- Missing Form 5472. $25,000 per form. File it even with zero activity.
- No ODI reporting. Investing in the US without AD bank reporting creates a FEMA problem you have to compound later.
- Wrong entity for VC. Raising from US funds with an LLC slows or kills the round.
- Visa confusion. Owning a US company does not authorize work in the US. Indians cannot use E-2 without treaty eligibility; the common paths are H-1B, L-1, O-1, and B-1 for meetings
- No registered agent renewal. The state administratively dissolves you, and banks freeze the account.
- Commingling funds. Pay yourself a documented salary or distribution, not random transfers.
- No transfer pricing file between your Indian and US entities.
- Assuming a US address is optional. Some banks require one; the registered agent address may not qualify.
Frequently Asked Questions
Can I register a US company from India without visiting the US? Yes. Formation, EIN, and most fintech bank accounts can be completed remotely with a passport and Indian address. Some traditional banks still require a US visit.
Do I need an SSN or ITIN to form a US company? No. Neither is needed to form an LLC or C-Corp or to get an EIN. An ITIN may be needed later for personal tax filings.
Does owning a US company give me a US visa? No. Ownership does not confer work authorization. Founders typically use H-1B, L-1, O-1, or B-1 for short visits.
What is the cheapest state to register a US LLC from India? New Mexico and Wyoming have low filing and annual fees. Delaware costs more but is preferred for VC-backed C-Corps. Verify current fees on each Secretary of State site.
Do I have to file US taxes if my US company has no revenue? Yes. A foreign-owned single-member LLC files Form 5472 with a pro forma 1120 even with no income. C-Corps file Form 1120.
What India-side approvals do I need to invest in a US company? Most operating-company investments fall under the automatic route of the FEMA Overseas Investment Rules 2022, but you must report through your AD bank and disclose foreign assets in your Indian ITR.
Start with the entity decision, then the state, then the EIN. Get the EIN before you approach any bank, and put the Form 5472 deadline in your calendar the day the company is formed. If you want help with US LLC formation, EIN and business setup, NexFyla can assist.
*Last updated: February 2026.*