Can Foreigners Register a U.S. Company? How Long Does It Take to Obtain an EIN? How to Register a U.S. Trademark?

Foreign nationals can fully register a U.S. company-no U.S. citizenship or green card is required, and physical presence in the United States is not mandatory. This rule has been consistently applied for many years. Moreover, upon the effective date of the Corporate Transparency Act (CTA) in 2026, the company registration process introduces no additional nationality-based restrictions; it only imposes clearer reporting requirements for beneficial ownership information-a requirement that applies uniformly to all registrants, including non-resident foreigners.

Can foreign nationals register a U.S. company? The answer is unequivocally yes-and the process is well-established. At the federal level, there are no foreign investment entry restrictions. Corporate laws in all U.S. states permit non-residents to serve as the sole shareholder, director, or manager when forming either a Limited Liability Company (LLC) or a C-Corporation (C-Corp). Popular incorporation states-including Wyoming, Delaware, and New Mexico-accept applications from overseas applicants who engage a Registered Agent to complete the formation process. Note that the Registered Agent must be a legal entity or individual physically located within the state of incorporation and must provide a statutory business address and accept service of legal documents on behalf of the company. This requirement is mandated by law-not optional.

How long does it take to obtain a U.S. company identification number? Processing time depends on the state agency’s workload and procedures

1. After filing formation documents (e.g., Articles of Organization), most states offer expedited processing options.

2. In Wyoming standard processing takes 3-5 business days; expedited service may yield approval on the same day.

3. In Delaware standard processing takes 5-7 business days; expedited service (fee $100-$200) typically results in certificate issuance within 24 hours.

4. In New Mexico no expedited option is available; average processing time is 7-10 business days.

5. Upon approval, the state issues a Certificate of Formation and assigns a unique State Identification Number (“State ID”)-commonly referred to as the “U.S. company registration number.” This number is issued by the Secretary of State’s office and is distinct from the federal Employer Identification Number (EIN).

The U.S. company registration number ≠ the federal EIN-these two identifiers differ fundamentally in nature and function

The State ID is used for state-level compliance matters, such as filing franchise taxes and submitting annual reports.

The federal Employer Identification Number (EIN), issued by the Internal Revenue Service (IRS), is mandatory for opening a U.S. bank account, filing federal tax returns, and hiring employees.

Foreign nationals may apply for an EIN without possessing a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). They may do so by completing IRS Form SS-4 and designating an authorized U.S.-based representative-such as a Registered Agent or U.S.-licensed attorney-to submit the application on their behalf.

The IRS website does not permit direct online EIN applications from foreign IP addresses. However, applications submitted via mail or fax remain valid, with typical processing times of 4-6 weeks. Certain professional service providers can assist with the IRS telephone verification step, reducing turnaround time to approximately 5-10 business days.

How do I register a U.S. trademark? Trademark registration is entirely separate from company registration and requires independent action.

The United States Patent and Trademark Office (USPTO) accepts trademark applications directly from foreign applicants-but since August 2019, all non-U.S. residents and entities without a U.S. domicile are required to retain a U.S.-licensed trademark attorney to represent them before the USPTO. This is a mandatory requirement.

1. Prior to filing, conduct a comprehensive “likelihood-of-confusion” search to avoid conflicts with existing registered marks or pending applications.

2. Clearly specify the applicable goods/services classes under the Nice Classification system; each class incurs a separate filing fee.

3. Submit evidence of use in commerce (“Use in Commerce”)

If the mark is already in use in the U.S., applicants must upload verifiable evidence-e.g., product packaging photos, sales screenshots, or invoices showing U.S. distribution.

For “Intent-to-Use” (ITU) applications, applicants must file a Statement of Use within six months after receiving the Notice of Allowance. Up to five extensions may be requested, granting a maximum total period of 36 months to commence and document actual use.

4. Current USPTO examination timelines average 8-12 months. During review, the examining attorney may issue an Office Action requiring response within six months.

5. Once registered, a U.S. trademark remains valid for 10 years and may be renewed indefinitely-subject to timely submission of a Declaration of Use and acceptable specimens for each renewal term.

Important note As of 2026, the USPTO has fully transitioned to the TEAS Plus electronic filing system, which offers lower fees ($250 per class) but imposes stricter accuracy requirements. Errors in application data-including incorrect entity type, inaccurate owner information, or misclassified goods/services-may result in immediate refusal.

Additionally, some Chinese applicants mistakenly equate “U.S. company registration” with “brand protection.” In reality, registering a corporate name with a state government does not confer trademark rights. State-level name approval merely prevents duplication within that particular state-it confers no nationwide exclusivity or enforceable intellectual property rights.

The above outlines the objective procedures and critical milestones for foreign nationals seeking to register a U.S. company and/or secure a U.S. trademark. We hope this information proves helpful.