One of the most common questions foreign founders ask is whether they can form a U.S. company, run it from abroad, and never apply for a U.S. visa. The short answer is yes—you can own and operate a U.S. business while living outside the country. But there are important distinctions between owning a company, working for it, and physically being in the U.S. that every founder should understand.
This article explains what you can and cannot do as a nonresident running a U.S. company from abroad, and what your tax and compliance obligations look like along the way.
Owning vs. working in your U.S. business
U.S. law allows anyone, regardless of nationality, to form and own a company such as a Wyoming or Delaware LLC or corporation. You don’t need a visa or green card to be a shareholder or member. You can manage the business from abroad, make decisions, and receive profits. In other words, ownership and remote management are fully allowed.
What you cannot do without a visa is physically work inside the United States for your company. If you come to the U.S. and start performing day-to-day work—meeting clients, delivering services, or managing staff—you are engaging in work activity that generally requires work authorization. That’s a separate legal question from owning the company.
How taxes apply if you live abroad
Even if you never set foot in the U.S., your company still has filing obligations. A foreign-owned single-member LLC must file Form 5472 with a pro forma 1120 every year. A multi-member LLC must file Form 1065, with K-1s, and often K-2s and K-3s if members are foreign. A corporation files Form 1120, and if it is 25% or more foreign-owned, Form 5472 is attached as well.
As the foreign owner, you may also have personal tax obligations depending on whether your activities create what the IRS calls a U.S. trade or business. For example, if you have inventory stored in the U.S. or agents regularly working on your behalf in the U.S., the IRS may consider you engaged in business and require you to file Form 1040-NR. Filing that return requires an ITIN, which can be obtained through partners like theitin.com.
Practical challenges without a U.S. presence
Running a U.S. business from abroad is possible, but there are practical hurdles. Opening a U.S. bank account usually requires traveling to the U.S. in person. Many payment processors, like Stripe and PayPal, require a U.S. bank account to settle funds. You also need a registered agent in the state of formation, since you cannot serve as your own agent from abroad. Finally, bookkeeping and annual state filings must still be maintained, even if your operations are entirely remote.
Example: An agency abroad with U.S. clients
Imagine a marketing agency in Spain that forms a Wyoming single-member LLC to serve U.S. clients. The founder manages the company from Madrid, never travels to the U.S., and invoices clients abroad. She can do this without a visa. Her LLC must still file Form 5472 with a pro forma 1120. If she later decides to move temporarily to the U.S. to directly deliver services, she would need proper work authorization at that point.
Immigration vs. tax rules
It’s important to separate immigration law from tax law. Immigration rules control whether you can physically work in the U.S., while tax rules control how your company and personal income are reported. You can comply with one while violating the other if you’re not careful.
How Bookmate helps
Bookmate specializes in tax compliance for foreign-owned U.S. businesses. We don’t handle visas or immigration law, but we make sure your company stays compliant with IRS filings like Form 5472, 1065, and 1120. We also guide you on bookkeeping, reporting obligations, and how to avoid unnecessary penalties. If you’re unsure whether your activities trigger a personal filing requirement, we help you understand your situation and connect you with trusted partners when needed.
You can book a consultation here to get clear answers for your specific case.
Final thoughts
Yes, you can run a U.S. company from abroad without a visa. Ownership and remote management are allowed. What you cannot do is physically work in the U.S. for your company without proper authorization. Meanwhile, your company must still meet its federal and state filing requirements, and you may have personal tax obligations depending on your activities.
Bookmate helps foreign founders stay compliant so they can confidently operate their U.S. business from anywhere in the world.
Learn more at trybookmate.co or book a consultation today.
