Short answer: yes, you can start and own a business in the United States without a Social Security number. No state asks for an SSN to form an LLC, the IRS issues tax numbers to people who don’t have one, and several banks open business accounts with a passport and an ITIN. What you cannot do is be hired as an employee without work authorization, and there are a few steps — the online EIN tool, some professional licenses, some banks — where the standard path assumes an SSN and you need the alternative. This guide walks through each step in order, with what to expect in 2026.
What you can and cannot do without an SSN
| You can | You cannot (or it’s complicated) |
|---|---|
| Form an LLC or corporation in any state and be its owner | Use the IRS online EIN application (needs SSN or ITIN) — use fax or mail instead |
| Get an EIN for the business | Be on your own company’s payroll as a W-2 employee without work authorization |
| Get an ITIN and file federal and state taxes | Get certain professional licenses in states that require an SSN (varies) |
| Open personal and business bank accounts (passport + ITIN, at participating banks) | Qualify for SBA-guaranteed loans (require SSN and lawful status) |
| Sign leases, buy equipment, take business credit cards from some issuers | Get a driver’s license in most states without lawful status (19 states + DC allow it) |
| Hire employees who have work authorization and run payroll | Change your immigration status by owning a business |
Who this applies to
Three groups arrive at this question with different situations. Immigrants living in the US without work authorization can own a business and receive its profits; the legal line is employment, not ownership — talk to an immigration attorney before you start, because your situation affects what is wise. People with lawful status but no SSN yet (new arrivals on certain visas, dependents, some asylum applicants) can usually get an SSN later and should apply for it; meanwhile the ITIN path works. Foreigners living abroad who want a US company follow the same steps with a registered agent and a US mailing address, and pay taxes as nonresidents. The steps below serve all three; the notes flag the differences.
Step 1: Get an ITIN (or start the application)
The ITIN (Individual Taxpayer Identification Number) is the IRS’s tax number for people who cannot get an SSN. It is what you will use to file taxes on the business income, open bank accounts, build credit and, in many states, apply for a sales tax permit. Apply with Form W-7 plus your passport, either by mail (free, you send the passport) or through a Certifying Acceptance Agent who verifies it in person ($100 – $300; you keep your passport). Processing takes about 7 weeks. You can form the LLC while you wait. Full guide: how to get an ITIN number.
Step 2: Form the LLC (no SSN required)
Articles of organization ask for the company name, a registered agent with a street address in the state, and the organizer or members’ names — never an SSN or ITIN. File online with the Secretary of State in the state where you live and operate (forming in Delaware or Wyoming while you work in Tennessee creates two filings and two fees for no benefit). Costs in 2026: Tennessee $300 (minimum, 6 members or fewer), Texas $300, Florida $125, Georgia $100, North Carolina $125, California $70 plus an $800 annual franchise tax. Add an operating agreement (free templates exist) and note your annual report date. Since 2025, most US-owned small companies no longer file the federal beneficial ownership (BOI) report; foreign-owned companies still may — check FinCEN’s current rule. Spanish walkthrough: cómo abrir una LLC en Estados Unidos.
Step 3: Get the EIN without an SSN
The EIN is the company’s tax ID — you need it for the bank, for hiring, for W-9 forms from clients and for most licenses. The IRS online tool requires the responsible party to enter an SSN or ITIN, so without either you file Form SS-4 another way:
- Fax to the IRS EIN unit (855-641-6935 from inside the US): about 4 business days.
- Mail: 4 – 6 weeks.
- Phone (267-941-1099) is available only to applicants outside the US.
On line 7b, where it asks for the responsible party’s SSN/ITIN, applicants without either write that they don’t have one as the IRS instructions direct (the current SS-4 instructions cover this case); if your ITIN arrives first, use it and apply online in minutes. The EIN itself is free — anyone charging you «IRS fees» for it is charging for their own service.
Step 4: Open the business bank account
Banks must verify your identity under federal rules, but the rules allow a passport and a taxpayer number that is not an SSN. In practice: national banks such as Bank of America, Wells Fargo and Chase open accounts with a passport and an ITIN at many branches (policies vary by branch — call first and ask for a banker who handles ITIN accounts); credit unions and community banks in Hispanic neighborhoods are often the easiest; some online banks require an SSN and will decline. Bring: passport, ITIN letter (or proof of application), LLC filing, EIN letter (CP575), operating agreement and proof of address. More detail: cómo abrir una cuenta de banco para tu negocio con ITIN.
Step 5: Licenses, permits and sales tax
General business licenses from a city or county rarely require an SSN; they ask for the EIN. Sales tax permits ask for the owner’s SSN in many states but accept an ITIN or, for an LLC, the EIN. Professional and occupational licenses are where it gets state-specific: federal child-support law requires states to collect an SSN on license applications, and states handle applicants without one differently — some accept an ITIN, some accept a sworn statement that you have no SSN, some effectively block the license. Check the licensing board of your trade before choosing a business that depends on a personal license (cosmetology, contracting, real estate, healthcare). Businesses that need no personal license — cleaning, landscaping, food trucks, retail, e-commerce, most services — are unaffected.
Step 6: Taxes — the part that protects you
A single-member LLC reports on Schedule C of your personal return (Form 1040 with your ITIN); a multi-member LLC files Form 1065. You pay income tax and self-employment tax (15.3 %) on the profit, plus state income tax where it exists (Tennessee, Texas and Florida have none on wages and business profit; Tennessee has a franchise and excise tax on LLCs). Quarterly estimated payments are due if you expect to owe more than $1,000. Filing every year matters beyond the law: tax returns are the document banks ask for when you want a loan, landlords ask for when you rent a space, and immigration attorneys ask for in almost any future process. Tax return information is protected by federal law (IRC §6103); the scope of that protection has been litigated in recent years, so get current advice if this is a concern.
Step 7: Hiring and getting paid
Your company can hire employees who have work authorization; it must complete Form I-9 for each, withhold taxes and carry workers’ compensation where required. It can also hire independent contractors with a W-9 and issue 1099-NEC forms. As the owner without work authorization, you take owner’s draws or distributions, not a W-2 salary. Clients pay the business (checks to the LLC, card payments through a processor under the EIN); keep personal and business money separate from day one.
Credit, loans and cards
An ITIN builds a credit history like an SSN does once lenders report to the bureaus. Several card issuers accept an ITIN for personal and business cards; secured cards are the usual first step. SBA-backed loans require lawful status, but ITIN business loans exist through community development lenders and credit unions, typically after two years of tax returns. See préstamos para negocios con ITIN.
Mistakes that create real problems
- Using someone else’s SSN on any form. It is a federal crime and the one thing that turns a paperwork issue into a criminal one.
- Putting the business in a relative’s name «to make it easier». You lose control of your own company, and the relative carries your tax liability.
- Not filing taxes because you have no SSN. The IRS wants the return; not filing removes the paper trail that helps you later.
- Paying yourself as an employee without authorization, or paying workers in cash off the books.
- Paying for «express EIN» or «ITIN in 48 hours» services. Both come only from the IRS, on the IRS’s timeline.
Frequently asked questions
Can an undocumented immigrant legally own an LLC?
Yes. Ownership is not employment, and state LLC laws have no immigration requirement. Consult an immigration attorney about your specific situation before you start.
Can I get an EIN without an SSN or ITIN?
Yes, by fax or mail with Form SS-4. Online requires one of the two.
Which banks open business accounts with an ITIN?
Many branches of Bank of America, Wells Fargo and Chase, plus most credit unions and community banks; policies vary, so call ahead. Online-only banks often require an SSN.
Does owning a business help me get legal status?
Not by itself. There is no visa for simply owning a small business; investor visas (E-2, EB-5) require lawful entry and large investments. What the business does provide is documented income and tax history, which matter in many immigration processes.
Do I need a US address?
Yes: a registered agent address in the state of formation (a service costs $50 – $150 a year if you can’t use your own) and a mailing address for the IRS and the bank.
Sources and official links
- IRS — ITIN
- IRS — Form SS-4 and instructions (EIN by fax or mail)
- SBA — Choose a business structure
- Tennessee Secretary of State — Business services
- FinCEN — Beneficial Ownership Information (current rule)
General information, not legal or tax advice; immigration consequences depend on your case — talk to a licensed attorney. Spanish guides: cómo sacar el ITIN and cómo abrir una LLC. Need your LLC, EIN and ITIN handled in one place? Request a quote — we work in English and Spanish.
