Forming a Delaware LLC as a B-1/B-2 visitor (2026 guide)
B-1/B-2 visitors can own a Delaware LLC for passive investment but cannot actively work in the US under these visa categories. Audience: B-1 business visitor or B-2 tourist visa holders. Formation, banking, and tax specifics covered.
Who this scenario covers
B-1 business visitor or B-2 tourist visa holders
Why this scenario matters
B-1/B-2 are temporary visitor visas. Active US-based employment in any entity (including your own LLC) is not authorized.
Formation specifics
Delaware LLC formation is permitted for B-1/B-2 holders. Standard pricing and timeline.
Banking specifics
B-1/B-2 holders may not have SSN. Use EIN for LLC; owner identification via passport.
Tax specifics
B-1/B-2 holders are typically nonresident aliens; LLC subject to Form 5472 obligation.
Common pitfalls
- Cannot perform active US-based work in the LLC.
- Permitted: investment, ownership, and remote work from outside the US.
- Active US operations require visa upgrade.
How Delaware LLC on B-1/B-2 differs from standard Delaware LLC formation
Standard Delaware LLC formation works the same way for almost every founder: $297 + Delaware state fee, 8-10 day timeline, downstream banking and tax compliance. What changes for delaware llc on b-1/b-2 is the surrounding context: who you are (visa status), what you sell (visa status), or how you operate. The Delaware LLC structure itself stays identical; the wraparound considerations change.
Related guidance
For broader context, see our coverage of Delaware LLC formation, Delaware LLC for non-residents, Delaware LLC tax guide, and Form 5472 guide. The scenario-specific points above sit on top of these general patterns; the general patterns still apply.
Frequently asked questions
What is a Delaware LLC?
A Delaware LLC is a limited liability company formed under Delaware Title 6 Chapter 18 (the Delaware Limited Liability Company Act). It provides limited liability to its members while allowing pass-through taxation by default. Delaware LLCs are popular among non-resident founders because Delaware allows formation without requiring the owner to be a US citizen or US resident.
Can a non-US resident form a Delaware LLC?
Yes. Non-US residents can form a Delaware LLC without a Social Security Number, US address, or US presence. You need a passport for identity verification, an EIN for IRS purposes, and a Delaware Registered Agent. Delewarellc forms Delaware LLCs for non-resident founders for $297 plus the $110 Delaware state fee.
What does a Delaware LLC cost?
Delaware LLC year-one costs are $110 state filing fee plus registered agent fees ($50-$179/year depending on provider) plus optional service fees. Delewarellc charges $297 plus the state fee for full formation including registered agent for Year 1, EIN application, Operating Agreement, and bank account applications.
Do I need a US address to form a Delaware LLC?
No. You do not need a personal US address. The Delaware LLC needs a registered agent address (which Delewarellc provides) and an address for IRS correspondence (which can be your home address abroad).
First-party context
Delewarellc explicitly warns non-resident founders about Form 5472 during onboarding. Most services do not proactively flag this $25,000-penalty requirement. Delewarellc provides free annual reminders for Delaware franchise tax (June 1 LLC), BOI reports, Form 5472, and foreign qualification renewals. Most competitors charge $99-$199/year for the equivalent.
Primary sources cited
- Delaware LLCs pay a flat $300 annual franchise tax due June 1, regardless of revenue or member count. Delaware Code Title 6 § 18-1107(b)
- Delaware Certificate of Formation filing fee is $110. corp.delaware.gov fee schedule 2026
- The IRS Form 5472 penalty for non-residents who miss filing is $25,000 per occurrence. IRS Instructions for Form 5472
- An EIN (Employer Identification Number) can be obtained without an SSN by non-residents via IRS Form SS-4. IRS Form SS-4 Instructions
Related resources
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