Can a Foreigner Form an LLC in Texas?

Yes. Texas permits foreign nationals to form and own LLCs without residency requirements. Under Tex. Bus. Org. Code § 3.005, any person with capacity to contract may organize an LLC—including non-U.S. citizens. File a Certificate of Formation with the Texas Secretary of State ($300 filing fee) and designate a registered agent with a physical Texas address. Processing takes 5–7 business days online.

Formation Requirements

File a Certificate of Formation with the Texas Secretary of State. Required information includes:

LLC name with "LLC," "Limited Liability Company," or "L.L.C." designator (Tex. Bus. Org. Code § 5.054)
Registered agent name and physical Texas office address
Management structure (member-managed or manager-managed)
Organizer name and address (can be foreign)
Initial member or manager names and addresses

You do not need Texas residency or U.S. citizenship. Foreign nationals can serve as organizers, members, and managers. File online at https://www.sos.texas.gov/corp/sosda/index.shtml for fastest processing.

Registered Agent Requirement

You must appoint a registered agent with a physical Texas office address—a P.O. box does not satisfy this requirement (Tex. Bus. Org. Code § 101.051). The registered agent receives legal notices on behalf of your LLC. Many foreign owners hire a registered agent service to meet this requirement.

Filing Process

Search available names at https://www.sos.texas.gov/corp/sosda/index.shtml to ensure distinguishability (Tex. Bus. Org. Code § 5.053). File the Certificate of Formation online ($300 filing fee). Standard processing takes 5–7 business days; expedited options cost $50–$750.

Tax and Compliance

Obtain an EIN from the IRS for federal tax purposes. Consult a tax professional regarding federal and state tax obligations. Texas has no state income tax, but your LLC may owe franchise tax depending on revenue thresholds. Forming an LLC does not grant work authorization or visa status—consult an immigration attorney regarding your personal legal status in the U.S.

Next Steps

Search your desired name at the Secretary of State portal
Secure a Texas registered agent and office address
File the Certificate of Formation online ($300)
Obtain an EIN from the IRS
File a DBA if operating under a different name ($25)

Contact: Texas Secretary of State, (512) 463-5555 or https://www.sos.texas.gov

This is general information, not legal advice.