Can I Form an LLC on a Visa in Texas?

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Title: Can I Form an LLC on a Visa in Texas?
Description: Yes. Texas allows visa holders to form LLCs. No citizenship or residency requirement applies to organizers under Tex. Bus. Org. Code § 3.005.

FAQ

Q: Can I start an LLC while on a visa in Texas?

A: Yes. Texas law does not require LLC organizers to be U.S. citizens or Texas residents. Under Tex. Bus. Org. Code § 3.005, any person with capacity to contract may form an LLC. Visa holders—including H-1B, L-1, F-1, and other visa categories—can file a Certificate of Formation with the Texas Secretary of State and operate an LLC in Texas.

Formation Requirements

File a Certificate of Formation with the Texas Secretary of State. The filing fee is $300 (standard processing: 5–7 business days online). The document requires:

LLC name with "LLC," "Limited Liability Company," or "L.L.C." designator
Registered agent name and physical office address in Texas
Management structure (member-managed or manager-managed)
Your name and address as organizer
Names and addresses of initial members or managers

File online at https://www.sos.state.tx.us/corp/sosda/index.shtml. Expedited processing ($50 for 2–3 business days) is available.

Visa Compliance Considerations

While forming an LLC is legally permissible under Texas law, verify your specific visa allows business ownership. Some visas (F-1 student, certain work visas) restrict employment or business activity. Consult an immigration attorney before operating to confirm compliance with your visa terms and IRS reporting obligations.

Practical Steps

Registered Agent & Address: You must maintain a physical registered office address in Texas. This can be your business location, a virtual office, or a registered agent service.

Tax ID & Banking: Obtain an EIN from the IRS (free, online application). Banks may request additional documentation—passport, visa copy, ITIN, or SSN—when opening a business account.

DBA Filing: If you operate under a name different from your LLC name, file a DBA (Form 503) with the Secretary of State for $25.

Next Steps

Search available LLC names at https://www.sos.state.tx.us/corp/sosda/index.shtml
Reserve your name ($40, valid 120 days) if needed
Prepare your Certificate of Formation
File online with the Secretary of State
Obtain an EIN from the IRS
Open a business bank account

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

This is general information, not legal advice.