A Complete Guide to Starting a Company in the U.S. Registration Process Key Considerations

How to Successfully Start a Company in the U.S. A Comprehensive Guide to the Registration Process and Key Considerations

In recent years, with the acceleration of global economic integration, more and more entrepreneurs and small-to-medium-sized enterprises SMEs have turned their attention to overseas markets, especially the United States-one of the world's most dynamic economies. According to data released by the U.S. Department of Commerce in 2025, the number of foreign businesses registered in the U.S. has continued to grow over the past three years, with a significant increase in investors from Asian countries. This indicates that the U.S. market remains highly attractive to international entrepreneurs.

So, how can you successfully start a company in the U.S.? This article will walk you through the entire registration process and highlight important considerations to help you avoid unnecessary setbacks and efficiently establish your business.

1. Choose the Right Business Structure

When registering a company in the U.S., the first step is to choose an appropriate business structure based on your business nature and long-term goals. Common types include

1. Limited Liability Company LLC Ideal for small businesses and individual entrepreneurs, offering tax flexibility and limited liability protection.

2. Corporation C Corp Suitable for companies planning to raise capital or go public, offering strong legal protection.

3. S Corporation S Corp Designed for small businesses, allowing pass-through taxation to avoid double taxation.

4. Partnership Best for businesses with multiple co-founders, though partners may face greater legal liability.

5. Branch or Subsidiary Appropriate for companies that already have a parent company overseas.

For example, in 2025, many cross-border e-commerce sellers from China chose to register as LLCs to build local brands and logistics systems in the U.S. According to statistics from the U.S. Small Business Administration SBA, LLCs have been among the fastest-growing business types in recent years.

2. Choose the Right State for Registration

The U.S. operates under a federal system, meaning each state has its own company registration laws and tax policies. Choosing the right state is crucial.

Popular choices include

Delaware Known for its well-developed business laws and pro-business environment, it is a top choice for large corporations.

Nevada Offers no corporate income tax or capital gains tax, making it attractive for startups.

California Ideal for tech and entertainment industries, though with higher tax rates.

New York Suitable for finance and trade businesses, but with higher setup costs.

It's important to note that while you can choose any state for registration, if your company has substantial operations in another state-such as having an office, employees, or inventory-you may need to register as a foreign entity Foreign Qualification in that state.

3. Step-by-Step Company Registration Process

The U.S. company registration process is relatively transparent but involves many details. Entrepreneurs are advised to plan ahead. Here are the key steps

1. Choose and Search a Company Name

The company name must be unique within the chosen state. You can check name availability via the state’s official website to avoid duplication.

2. File Articles of Organization or Incorporation

This document typically includes the company name, type, registered address, and information about the Registered Agent. The agent must be a U.S. resident or a registered agent service.

3. Draft an Operating Agreement or Bylaws

While not required in all states, having a detailed agreement helps clarify shareholder rights, management structure, and profit distribution mechanisms.

4. Apply for an Employer Identification Number EIN

Similar to China’s Unified Social Credit Code, the EIN is a crucial identifier for tax filings, opening bank accounts, and hiring employees. It can be applied for online via the IRS website.

5. Open a U.S. Bank Account

Most banks require documents such as the EIN, bylaws, and registration certificate. Some banks allow non-U.S. residents to open accounts remotely, provided they submit identification and company documents.

6. Obtain Business Licenses and Industry Permits

Depending on your business type and location, you may need local business licenses or industry-specific permits, such as for food services or medical device sales.

4. Tax and Compliance Considerations

Compliance is critical when operating a company in the U.S. Here are key areas to focus on

Federal and State Tax Filings

Depending on your business structure, you must file federal tax forms such as Form 1120 or Form 1065, as well as state tax returns. Hiring a professional accountant is highly recommended.

Employee Compliance

If you plan to hire U.S. employees, you must comply with labor laws such as the Fair Labor Standards Act FLSA, including minimum wage, working hours, and social security contributions.

Annual Reports and Fees

Most states require companies to file annual reports and pay annual fees. Failure to do so on time may result in the suspension or dissolution of the company.

Intellectual Property Protection

If you operate a brand or product in the U.S., consider registering trademarks early to avoid infringement risks. Recently, a Chinese tech company was suspended from operations after failing to submit its annual state report on time, which delayed its fundraising. This highlights that registration is just the beginning-ongoing compliance is equally important.

5. Practical Tips and Resource Recommendations

1. Use Professional Services

For first-time entrepreneurs, it’s advisable to use professional platforms like LegalZoom or Incfile, or work with local U.S. attorneys and accountants to ensure legal compliance.

2. Understand Visa and Residency Policies

If you plan to manage the business in person, consider applying for visas such as the EB-5 investor visa, L-1 intracompany transferee visa, or E-2 treaty investor visa.

3. Monitor U.S.-China Trade Policies

Although this article does not address sensitive topics, entrepreneurs should stay informed about policy updates from agencies such as the U.S. Department of Commerce and the Office of the U.S. Trade Representative, to prepare for potential tariffs or trade restrictions.

4. Join Local Business Organizations

There are many SME associations and chambers of commerce across the U.S., such as the U.S. Chamber of Commerce and the Small Business Development Centers SBDC, which offer training, resource connections, and policy consultations.

Conclusion

Starting a company in the U.S. can be complex, but with careful planning, choosing the right business structure and registration state, and maintaining compliance with tax and legal requirements, you can lay a solid foundation for your international expansion. As the global business landscape continues to evolve, seizing opportunities and managing risks effectively will be key to standing out in the competitive U.S. market.