Forming an LLC in Delaware
An LLC (Limited Liability Company) is the most common business structure for immigrant entrepreneurs in the US. Personal asset protection, tax flexibility, and low administrative cost.
Why Delaware
#1 state for large corporations — 65% of Fortune 500 incorporated here Court of Chancery — specialized business dispute court (judge-only, fast decisions) Owner privacy — does not require member names in public registry Anonymity for foreign owners — popular among international entrepreneurs Flat $300/year — easy to budget
Key facts about Delaware
| Item | Information |
|---|---|
| Formation fee (initial) | $110 |
| Annual fee | $300 franchise tax (flat) |
| Annual report deadline | Franchise Tax due June 1 each year ($300 flat) |
| Accepts foreign owners | ✅ Yes (includes ITIN holders) |
| Requires Registered Agent | ✅ Yes (must have physical address in Delaware) |
| Operating Agreement required | ⚠️ Not by law but highly recommended |
| Approval time | 1-3 weeks (online faster) |
Steps to form an LLC in Delaware
1. Choose a name
- Must end in “LLC”, “L.L.C.”, or “Limited Liability Company”
- Unique in Delaware
- Cannot include restricted words (Bank, Insurance, Attorney, etc.) without authorization
2. Designate a Registered Agent
- Resident individual in Delaware or authorized service with physical address in Delaware
- If you don’t have an address in Delaware, hire a service: $50-$300/year (Northwest, ZenBusiness, Incfile, etc.)
3. File Articles of Organization
- Formation document registering the LLC with the state
- Fee: $110
- Filing: online (fastest), by mail, or in person
- Official platform: Delaware Division of Corporations
4. Create Operating Agreement
- INTERNAL document (not filed with state)
- Defines how the LLC operates: members, profit distribution, decision-making, exits
5. Get EIN (Employer Identification Number)
- LLC’s federal tax identification number
- FREE at irs.gov
- With SSN: instant online
- With ITIN: by mail (4-6 weeks) or fax (4 days)
- No SSN/ITIN: fax or mail (Form SS-4)
6. Open bank account
- Need: EIN, Operating Agreement, Articles of Organization, personal ID
- Foreign-owner friendly: Bluevine, Mercury, Relay, Wise Business, Capital One Spark
State comparison
| State | Formation Fee | Annual Fee | Privacy | Best for |
|---|---|---|---|---|
| California | $70 | $820+ | Low | Consumer market |
| Texas | $300 | $0 (depends) | Medium | No income tax + market |
| Florida | $125 | $138.75 | Low | Latin market + no tax |
| Delaware | $110 | $300 | High | Large corporations |
| Wyoming | $100 | $60 | High | Cost + privacy |
| Nevada | $425 | $550 | High | Asset protection |
Related information
Last verified: 2026-07-11. General information — always verify with Delaware Division of Corporations before filing.
State services and resources in Delaware
Where to register your LLC in Delaware
The Secretary of State office (or equivalent) of Delaware handles LLC registrations. Generally accepts filings:
- Online (fastest, 1-3 days)
- By mail (4-8 weeks)
- In person (varies by state capital)
Post-formation requirements
- EIN from IRS (free, online, ~15 minutes)
- Business bank account — most require LLC docs + EIN
- State/local licenses depending on business type
- Annual Report yearly (keeps LLC active)
- Quarterly tax estimates if income > $1,000/quarter
LLC for immigrants with ITIN
- Permitted: ITIN holders can be LLC members
- Banking: business accounts with ITIN available (BlueVine, Mercury, Lili — verify policies)
- Tax filing: Schedule C on your 1040 with ITIN; Form 1065 for multi-member LLC
Common errors
- Forgetting annual report (can dissolve LLC)
- Mixing personal and LLC finances (loses limited liability protection)
- No Operating Agreement (even single-member)
- Operating in another state without registering as foreign LLC
Delaware-specific resources
- Delaware Secretary of State — LLC search + filings
- Delaware Department of Revenue — state business taxes
- SCORE (Service Corps of Retired Executives) — free small business mentoring
- SBA (Small Business Administration) — free counseling via SCORE and SBDC, open to everyone. ⚠️ SBA loans (7(a), 504, microloans) are closed to non-citizen owners since March/April 2026 — including green-card holders. See who can still use each SBA program and the CDFI lenders that do accept an ITIN.
Last verified: 2026-07-11.
General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.
Related procedural information
- ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
- ITIN-friendly business banking — checking accounts that open without an SSN
- USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
- State income tax obligations — business taxes vary by state
- Find an immigration attorney — for complex investor or work-visa cases tied to your LLC