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Business Formation Guide
formationUpdated 2026-03-30

Can I Start an LLC While on a Visa in Delaware?

Yes. Delaware law does not restrict LLC formation based on visa status. Under 6 Del. C. § 18-201, any person may organize an LLC—including visa holders and foreign nationals. No citizenship or residency requirement exists. However, your specific visa category may restrict business activities, so consult an immigration attorney before operating the LLC.

Formation Requirements

File a Certificate of Formation with the Delaware Division of Corporations. You must provide:

  • LLC name (including "LLC," "L.L.C.," or "Limited Liability Company")
  • Delaware registered office street address
  • Registered agent name and address

The $110 filing fee applies to all applicants regardless of visa status. File online at https://icis.corp.delaware.gov/eCorp/ for processing in 2–3 business days, or select expedited options (24-hour to 1-hour processing available at higher fees).

Visa Compliance Is Separate

Delaware permits visa holders to form LLCs, but your visa type determines whether you can legally operate the business. Some visas restrict self-employment or business ownership:

  • F-1 (Student): Off-campus work generally prohibited without authorization
  • H-1B (Specialty Occupation): Tied to employer sponsorship; self-employment typically not permitted
  • L-1 (Intracompany Transfer): Employment limited to sponsoring company
  • E-2 (Treaty Investor): May permit business ownership if you meet investment requirements

You must verify your visa permits business activity before operating the LLC. Contact USCIS or consult an immigration attorney—this is separate from Delaware's formation rules.

Tax and EIN Requirements

You need an Employer Identification Number (EIN) from the IRS, even for a single-member LLC. The IRS does not require U.S. citizenship for EIN applications but requires a valid Social Security Number or Individual Taxpayer Identification Number (ITIN). Apply at https://www.irs.gov/ein.

Next Steps

  1. Verify visa compliance with an immigration attorney before filing
  2. Search available names at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx
  3. Obtain a registered agent with a Delaware street address (required; registered agent services available)
  4. File your Certificate of Formation online or contact the Delaware Division of Corporations at (302) 739-3073
  5. Apply for an EIN from the IRS after formation

This is general information, not legal advice.