The United States does not have one national office where every business gets registered. Instead, business registration happens at the state level: you pick a state, and that state’s Secretary of State office (or an equivalent agency) handles your filing. On top of that, there is a separate federal step for tax purposes, handled by the Internal Revenue Service (IRS), which is completely different from state registration.
This guide breaks down, in plain language, how long registration actually takes, what the process looks like, and what changes if you are not a US citizen or resident.
The short answer
- State filing (creating the legal entity itself): as fast as same-day in a handful of states, but typically 3 to 10 business days if you file online. Some states take 2 to 6 weeks, especially for paper filings.
- Federal tax ID (EIN, explained below): instant if you already have a US Social Security Number, but 4 days to a few weeks if you do not, which is the situation most non-US residents are in.
- Realistically ready to operate, meaning you can open a bank account and start invoicing: 4 to 8 weeks total for most people, even though the state paperwork itself might be approved within days. The gap between “legally exists” and “ready to do business” is where most of the time actually goes.
Think of it like building a house. Getting planning permission (state filing) can be quick. But you still need water, electricity, and a working front door (tax ID, bank account) before anyone can actually move in.
Step one: understand there are two separate systems
This trips a lot of people up, so it is worth stating clearly:
- State registration creates your business as a legal entity. This is handled by whichever state you choose to register in, not the federal government.
- Federal tax registration (getting an EIN, your business’s federal tax ID number) is handled separately by the IRS, a federal agency, once your business already legally exists.
You need both. Having one without the other means you cannot properly operate: a state-registered company with no EIN cannot usually open a US bank account, and there is no way to get an EIN before your business legally exists at the state level.
Step two: choose your business structure
- Sole proprietorship: one person running a business under their own name (or a “doing business as,” DBA, name), with no separation between personal and business finances or liability. If the business owes money, the owner’s personal assets are on the line, in the same way as in Ghana’s sole proprietorship structure. Many US states do not require any formal state filing at all for a basic sole proprietorship, only a local DBA registration if you are trading under a name other than your own, plus normal tax registration.
- Partnership: two or more people running a business together. Depending on the type (general partnership versus limited partnership), personal liability protection varies. Requires a state filing in most states, though rules differ.
- Limited Liability Company (LLC): the most popular structure for small and medium businesses, and the closest US equivalent to Ghana’s “company limited by shares.” It is a separate legal entity from its owners (called members). Owners are generally only at risk for the money they put into the business, not their personal assets, similar to the liability protection idea in Ghana’s limited liability company.
- Corporation (C-corp or S-corp): a more formal structure, often used by businesses planning to raise investment or eventually go public. A C-corporation is taxed separately from its owners. An S-corporation passes profit and loss through to the owners’ personal tax returns instead, avoiding a layer of corporate tax, but it comes with strict eligibility rules explained below.
A key rule for foreigners: a non-US resident cannot be a shareholder in an S-corporation. If you are not a US citizen or green card holder, your realistic choices are generally an LLC or a C-corporation, not an S-corporation.
Step three: pick a state
This is where the US system is very different from Ghana. You are not required to register in the state where you live, or even where you plan to do most of your business (though if you do significant business in a state other than the one you registered in, you will usually also need to register there as a “foreign” entity, meaning foreign to that state, not necessarily foreign to the country).
Popular choices and why:
- Delaware: favoured by startups planning to raise venture capital, due to its well established business courts and predictable corporate law. Processing can be same day to a couple of days.
- Wyoming: popular with small businesses and non-US residents because of low fees, strong privacy protections, and no state income tax. Often same day or a few days.
- Nevada: similar appeal to Wyoming, no state income tax, decent privacy.
- Your home state: often the simplest and cheapest option if you actually live and work there, since registering elsewhere can mean paying fees in two states (your formation state and your home state, as a “foreign” registration).
Slower, more expensive states to be aware of:
- California: standard online filings often take 2 to 4 weeks, and the state charges an $800 annual franchise tax on top of formation fees, regardless of whether the business makes a profit.
- New York: standard filings can take 4 to 6 weeks, and New York uniquely requires new LLCs to publish a notice of formation in two local newspapers for six weeks, which can add several hundred to a couple of thousand dollars in cost depending on the county.
Step four: file your formation document
For an LLC, this document is usually called the Articles of Organization. For a corporation, it is usually called the Articles of Incorporation. You typically need:
- A unique business name, checked against the state’s existing business name database.
- A registered agent: a person or company with a physical address in your formation state, authorised to receive official legal and government mail on the business’s behalf. If you do not live in that state, you will need to pay a registered agent service for this, generally $50 to $150 a year.
- The names and addresses of the owners (members, for an LLC, or shareholders, for a corporation).
- A filing fee, paid to the state, ranging from about $35 (Kentucky) to around $500 (Massachusetts), with most states somewhere between $50 and $200.
How long state filing actually takes
Based on current state-by-state data from formation tracking services:
- Fastest states (often same day to 1 to 2 days when filed online): Delaware, Florida, Nevada, Wyoming, Colorado, Illinois, Kentucky, Missouri.
- Typical states (3 to 10 business days online): most of the remaining states.
- Slowest states (2 to 6 weeks, especially by mail): California, New York, Maryland, Arizona.
Filing online is almost always faster than filing by mail. Mail filings add the time it takes your documents to physically reach the state, plus the time for the state to mail your approved paperwork back, which can easily add two to four extra weeks on top of the state’s stated processing time.
Most states also offer expedited processing for an extra fee, sometimes cutting a multi-week wait down to 24 to 48 hours.
Step five: get your federal tax ID (EIN)
Once your business legally exists at the state level, you need an EIN (Employer Identification Number) from the IRS. This is required to open a US business bank account, hire staff, and file federal taxes, even if the business has no employees yet.
If you have a US Social Security Number or ITIN
You can apply for free directly on the IRS website, and in most cases you receive your EIN instantly, within about 10 to 15 minutes, through the IRS’s online system (available only during specific hours on weekdays).
If you do not have a Social Security Number or ITIN (most non-US residents)
The IRS’s instant online system is not available to you. You instead complete a form called Form SS-4 and submit it by phone, fax, or mail:
- By phone, through the IRS’s international applicant line: some non-residents receive an EIN the same day, though this depends on getting through and successfully answering the IRS agent’s questions about the business over the phone.
- By fax: typically 4 to 10 business days, sometimes reported up to two weeks depending on IRS workload.
- By mail: 4 to 6 weeks, the slowest option, and best avoided if you have any other choice.
A common workaround: some non-US residents use a registered agent, accountant, or formation service based in the US to help submit the SS-4 correctly and follow up with the IRS, since a large share of delays come from small errors on the form rather than a person’s foreign status itself. The IRS does not reject EIN applications simply because the applicant is a foreign national.
Step six: open a business bank account
This is the step foreign founders most often underestimate. Many US banks require the account holder to be physically present in the US to open a business account in person. Some banks, and an increasing number of fintech platforms built for international founders, allow remote account opening once you have your EIN and formation documents, but approval can still take anywhere from a few days to a few weeks, and some applications are declined and need to be retried with a different provider.
Putting it all together: realistic timelines by situation
- US citizen or resident forming an LLC in a fast state (Wyoming, Delaware, Florida, Nevada), filing online, already has a Social Security Number: legal formation in 1 to 2 days, EIN same day, realistically operating within 1 to 2 weeks.
- US citizen or resident forming an LLC in a slower state (California, New York), standard filing: legal formation in 2 to 6 weeks, plus EIN and banking, so realistically 4 to 8 weeks total.
- Non-US resident forming an LLC in a fast, foreigner-friendly state (Wyoming, Delaware, New Mexico), using a registered agent service: legal formation in a few days to two weeks, EIN by fax in roughly 1 to 2 weeks, banking taking anywhere from a few days to several weeks depending on the bank. Realistic total: 4 to 8 weeks from start to fully operational.
- Non-US resident who makes mistakes on the SS-4 form, or relies on mail instead of fax: total timeline can stretch to 10 to 14 weeks, mostly because of the EIN-by-mail delay.
These figures are working estimates and assume no errors in your paperwork. A rejected filing due to a name conflict, an incomplete SS-4 form, or missing registered agent information is the most common source of delay, and can easily add two to four weeks.
What it typically costs
- State filing fee: roughly $35 to $500 depending on the state, most commonly $50 to $200.
- Registered agent service, if you do not have your own address in the formation state: roughly $50 to $150 per year.
- Expedited state processing, if you want it: often an extra $50 to $750, depending on the state and how fast you want it.
- EIN from the IRS: free, whether you apply yourself online, by phone, or by fax. Be cautious of paid services charging a large fee purely to obtain an EIN on your behalf, since the IRS itself never charges for this.
- Ongoing state costs: many states require an annual or biennial report, plus a fee, to keep the business active. California in particular charges an $800 annual franchise tax regardless of profit. A few states, including Ohio, New Mexico, Mississippi, and Pennsylvania, have no annual report requirement at all, which some non-US residents specifically choose for simplicity.
Quick summary table
| Step | Who it applies to | Typical time |
|---|---|---|
| State filing (Articles of Organization/Incorporation), fast states | Everyone | Same day to 2 business days |
| State filing, typical states | Everyone | 3 to 10 business days online |
| State filing, slow states (California, New York) | Everyone | 2 to 6 weeks |
| EIN, online | Only those with an SSN or ITIN | Instant (10 to 15 minutes) |
| EIN, by phone | Non-US residents without SSN/ITIN | Often same day |
| EIN, by fax | Non-US residents without SSN/ITIN | 4 to 10 business days |
| EIN, by mail | Non-US residents without SSN/ITIN | 4 to 6 weeks |
| Business bank account | Everyone, harder for non-residents | A few days to a few weeks |
| Fully operational (realistic total) | US residents | 1 to 8 weeks depending on state |
| Fully operational (realistic total) | Non-US residents | 4 to 12 weeks depending on state and EIN method |
A note on what a non-US resident can and cannot do
A non-US resident does not need a visa, a green card, or US citizenship to own an LLC or a C-corporation in the United States. You also do not need to visit the country in person to form one. What you do need is a registered agent with a US address in your formation state, and patience around the EIN and banking steps, which are the two places foreign founders consistently lose the most time. As noted earlier, non-residents cannot own shares in an S-corporation, so that structure is generally off the table.
Where to check current, official details
Because every state runs its own filing system with its own fees and timelines, there is no single official website to point to the way Ghana’s orc.gov.gh covers the whole country. Instead, check the Secretary of State (or equivalent) website for the specific state you plan to register in, and irs.gov for anything related to your EIN and federal tax obligations, which is the same across every state.
Have you registered a business in the USA? Share your experience with us in the comments.
Disclaimer: This article is for general information only and is not legal, tax, or financial advice. Business registration rules, fees, and processing times vary by state and change periodically, and IRS procedures for non-residents can also change. Before registering a business or applying for an EIN, confirm current requirements with the relevant Secretary of State’s office, irs.gov, or a licensed US attorney or accountant familiar with your specific situation, especially if you are a non-US resident.
References
- LLC University, “How long does it take to get an LLC? [2026 Update]”: llcuniversity.com/how-long-does-it-take-to-get-an-llc
- BusinessRocket, “LLC Processing Times For All 50 U.S. States in 2026”: businessrocket.com/business-corner/start/llc/formation-time
- BizReport, “How Long Does It Take To Get An LLC In 2026?”: bizreport.com/how-long-does-it-take-to-get-an-llc
- Entity.inc, “How long does it take to set up a US LLC? (Complete 2026 timeline for international founders)”: entity.inc/blog/how-long-to-set-up-llc
- LLC Compass, “How Long Does It Take to Get an LLC? Processing Times by State (2026)”: llccompass.com/how-long-does-it-take-to-get-an-llc
- Ecommerce Paradise, “How Long Does It Take to Form an LLC in Each State? (2026 Processing Times Guide)”: ecommerceparadise.com/how-long-does-it-take-to-form-an-llc-in-each-state
- James Baker CPA, “EIN Without SSN: Complete Application Guide 2026”: jamesbakercpa.com/blog/how-to-get-an-ein-without-an-ssn
- EIN.so, “EIN Processing Time: How Long It Takes (2026)”: ein.so/ein-processing-time
- LLC Starters, “EIN for Non-US Residents (2026), Get One Without an SSN”: llcstarters.com/non-residents/ein
- Incorpfy, “EIN Without SSN, How Non-Residents Get a US Tax ID (2026)”: incorpfy.com/blog/ein-without-ssn-non-resident
- Rocketwave, “How to Get an EIN Without an SSN: Non-Resident Guide 2026”: rocketwave.co/ein-without-ssn-non-resident-guide
