Key Steps and Considerations for Registering a Company in the U.S.

The Process of Registering a Company in the U.S. Key Steps and Details You Need to Know

In recent years, as global economic integration has accelerated, an increasing number of entrepreneurs and business owners have chosen to register companies in the United States to expand into international markets, enhance brand visibility, or seek a more favorable business environment. According to data released by the U.S. Department of Commerce in 2025, the number of foreign businesses registering in the U.S. increased by 12% year-over-year, with particularly notable growth coming from investors in Asian countries. This reflects that the U.S., as one of the world's most attractive business destinations, continues to maintain strong appeal.

However, despite the relatively open U.S. business environment, the process of company registration and legal requirements are not simple-especially for foreign investors unfamiliar with the American legal system and business culture. Understanding the key steps and details involved in registering a company in the U.S. is the first step toward successfully launching and operating a business.

1. Determine the Company Structure Choose the Right Legal Entity

When registering a company in the U.S., the first decision to make is the legal structure of the business. Common types include

Limited Liability Company LLC

Corporation C Corp or S Corp

Partnership

Sole Proprietorship

Each structure has significant differences in taxation, liability protection, and management. Among these, the Limited Liability Company LLC is often the preferred choice for startups and foreign investors due to its flexibility and liability protection benefits. An LLC allows business owners to enjoy limited liability while avoiding double taxation, offering more tax flexibility.

On the other hand, a C Corporation C Corp is better suited for companies planning to raise capital or go public, making it especially popular among tech startups.

2. Choose the Right State for Registration

U.S. states differ significantly in terms of legal frameworks and tax policies, making the choice of registration state crucial. According to Forbes’ 2025 ranking of the best states for business, Delaware, Wyoming, and Nevada have consistently ranked in the top three for years due to their business-friendly laws, low tax burdens, and strong privacy protections.

For example, Delaware has the most comprehensive corporate law system in the country. Over 60% of publicly traded companies and more than half of Fortune 500 companies are registered there. The state also has a highly specialized and efficient court system, ideal for handling complex commercial disputes.

3. Choose a Company Name and Complete Registration Procedures

Before officially registering, you must choose a unique company name and perform a name availability search on the relevant state government website. Once confirmed, you will need to file the necessary registration documents-typically known as Articles of Incorporation for corporations or Certificate of Formation for LLCs-and pay the required filing fees.

These documents usually include

Company name

Registered address

Business structure

Shareholder or member information

Registered Agent details

A Registered Agent serves as the legal contact for the company in the U.S., responsible for receiving legal documents and official notices. Many entrepreneurs choose to hire a professional registered agent service to ensure compliance and convenience.

4. Apply for a Federal Tax ID EIN

After completing company registration, the next step is to apply for an Employer Identification Number EIN from the Internal Revenue Service IRS. The EIN functions as the company’s tax identification number, used for tax reporting, opening bank accounts, and hiring employees.

Foreign entrepreneurs can apply for an EIN online through the IRS website, even if they do not reside in the U.S.

5. Open a U.S. Bank Account

To facilitate business operations in the U.S., it is essential to open a local bank account. While some banks allow remote account opening, most still require the business owner to visit the U.S. in person.

In recent years, fintech companies such as Mercury and Silicon Valley Bank have introduced more streamlined account opening procedures, supporting remote identity verification and fast approval, significantly improving efficiency.

6. Understand Tax and Compliance Requirements

The U.S. tax system is complex, involving federal, state, and local taxes. Businesses must file the appropriate tax returns and pay taxes based on their entity type and operations.

Each state also has different requirements regarding annual reporting, business license renewals, and compliance filings. For instance, California requires LLCs to pay an $800 annual minimum tax, while Wyoming does not impose such a fee.

To avoid legal risks due to oversight, it is highly recommended that business owners consult professional accountants or attorneys early in the registration process to ensure full compliance.

7. Hiring Employees and Visa Considerations

If you plan to hire employees in the U.S., your business must comply with the Fair Labor Standards Act FLSA and other relevant labor laws, ensuring that wages, working hours, and benefits meet legal standards.

Foreign entrepreneurs who wish to personally manage their U.S. business may need to apply for a business visa, such as the E-2 Treaty Investor Visa or the L-1 Intracompany Transferee Executive/Manager Visa. These visa types have specific requirements regarding investment amount, company structure, and applicant background, so it is advisable to plan ahead and consult with an immigration attorney.

Conclusion A Strategic and Comprehensive Approach

Registering a company in the U.S. is a systematic process that spans legal, financial, and regulatory domains. For foreign investors, gaining a thorough understanding of the registration process, selecting the appropriate business structure and registration state, is crucial to laying a solid foundation for success.

As the U.S. market continues to open up and digital services become more accessible, the barriers to entry are gradually decreasing. However, attention to detail remains critical to ensuring a smooth start and long-term growth for your business in the U.S.