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LexiState
formationUpdated 2026-03-31

Can I Form an LLC on a Visa in New York?

Yes. New York permits visa holders and foreign nationals to form LLCs. The state has no citizenship or permanent residency requirement. Under N.Y. Ltd. Liab. Co. Law § 203, any person—including non-citizens—may serve as an organizer. Visa status is not addressed in New York's filing requirements.

What New York Requires

File Articles of Organization with the New York Department of State. You must provide:

  • Your LLC name (with "LLC," "Limited Liability Company," or "L.L.C.")
  • A New York county location for your principal office
  • Your name and address as organizer
  • Designation of the Secretary of State as agent for service of process

The filing fee is $200 (standard processing). Online filing at https://filing.dos.ny.gov/ processes within minutes. You do not need to be a member of the LLC you organize (N.Y. Ltd. Liab. Co. Law § 203).

Critical: Check Your Visa Terms

New York imposes no legal barrier, but your visa category may restrict business activity. Tourist (B-1), student (F-1), and temporary worker visas often prohibit self-employment or business ownership. Other categories—like E-2 investor or L-1 intracompany transfer visas—permit business ownership under specific conditions.

Consult an immigration attorney before filing to confirm your visa allows LLC ownership and operation. Violating visa restrictions can result in deportation.

Additional Steps

  • Reserve your name at https://apps.dos.ny.gov/publicInquiry/ ($20, 60-day hold).
  • File a Certificate of Assumed Name (DBA) if operating under a different name ($25).
  • Obtain an EIN from the IRS if hiring employees or opening a business bank account.
  • Prepare tax documentation. The IRS requires a Social Security Number or Individual Taxpayer Identification Number (ITIN) for tax purposes.

Next Steps

  1. Verify visa eligibility with an immigration attorney.
  2. Reserve your LLC name online.
  3. File Articles of Organization at https://filing.dos.ny.gov/ or contact the New York Department of State at (518) 473-2492.
  4. Obtain an EIN and address federal tax obligations.

This is general information, not legal advice. Consult an immigration attorney regarding visa restrictions before forming your LLC.