FAQ pages are short editorial summaries of the longer state and tax guides. Use the linked state agency before filing or relying on a deadline.
Can I Start an LLC While on a Visa in New Jersey?
Yes. New Jersey permits visa holders to form LLCs without citizenship or permanent residency requirements. Under N.J.S.A. 42:2C-18, any authorized representative may sign the Certificate of Formation. File with the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services for $125.00.
Formation Requirements
New Jersey law contains no citizenship or visa-status restriction for LLC organizers or members. Foreign owners are explicitly permitted. You may form a single-member LLC and serve as the sole member while on a valid visa.
To file, submit a Certificate of Formation online at https://www.njportal.com/DOR/BusinessFormation/Home/Welcome. Required information includes:
- LLC name (with "LLC," "Limited Liability Company," or "L.L.C." designator per N.J.S.A. 42:2C-8)
- Business purpose
- Registered agent name and New Jersey office address
- Principal business address
- Signature of an authorized representative
Filing fee: $125.00 (standard processing: 1–5 business days) or $150.00 (expedited: 8.5 hours).
Registered Agent Requirement
You must designate a New Jersey registered agent with a physical street address in the state. This can be yourself (if you have a New Jersey address) or a professional registered agent service. A P.O. box does not satisfy this requirement.
Important Considerations
Visa Compliance
While New Jersey permits visa-holder ownership, your visa category may restrict business activity. H-1B, L-1, and other employment visas have specific limitations. Consult an immigration attorney before operating the LLC to confirm your visa permits business ownership and self-employment.
Tax Obligations
The LLC must obtain a federal EIN and file state and federal tax returns regardless of owner immigration status. You remain responsible for all tax filings.
DBA Filing
If operating under a name other than your LLC's legal name, file a DBA with the Division of Revenue and Enterprise Services for $50.00.
Next Steps
- Search available LLC names at https://www.njportal.com/DOR/BusinessNameSearch/Search/BusinessName
- Reserve your name ($50.00, valid 120 days) if desired
- Prepare your Certificate of Formation with all required details
- File online at https://www.njportal.com/DOR/BusinessFormation/Home/Welcome
- Consult an immigration attorney regarding visa compliance for your business activities
Contact: New Jersey Department of the Treasury, Division of Revenue and Enterprise Services
Phone: (609) 292-9292
Website: https://www.nj.gov/treasury/revenue/
This is general information, not legal advice.