One of the questions we get most often is: "Can I form an LLC in Florida if I'm an immigrant?"

The short answer: yes. Florida doesn't require you to be a citizen or permanent resident to form an LLC. You can do it with an SSN, with an ITIN, or even from outside the country. This guide explains the process step by step.

What Is an LLC and Why Does It Matter?

An LLC (Limited Liability Company) is a legal structure that separates your personal assets from your business assets. If your LLC has a debt or faces a legal problem, your house, car, and personal savings are protected.

LLCs also have tax flexibility: by default they're taxed like a sole proprietor (no double taxation), but they can elect to be taxed as an S-Corp if that makes more sense down the road.

Operating without an LLC — as an informal sole proprietor — means that if someone sues you or the business has debts, your personal assets are directly at risk.

Do You Need to Be a Citizen or Resident?

No. The Florida Statutes don't require citizenship or permanent residency to be a member or director of an LLC. You can have a tourist visa and legally form an LLC.

What you do need to open bank accounts and pay taxes is an EIN (Employer Identification Number) from the IRS. You can get one with:

SSN (Social Security Number): if you have work authorization — online process, done in minutes
ITIN (Individual Taxpayer Identification Number): if you pay taxes but don't have an SSN — requires Form SS-4 sent by fax or mail to the IRS, which adds 4–8 weeks

The Step-by-Step Process

Step 1: Choose the Name

The name must be unique and not already in use by another company in Florida. You verify it at Sunbiz.org, the official Florida state platform.

The name must include "LLC", "L.L.C.", or "Limited Liability Company".

Step 2: Designate a Registered Agent

Every LLC in Florida needs a registered agent: a person or company that receives legal documents on behalf of the LLC. They must have a physical address in Florida (no PO Box). You can be your own agent if you live in the state, or hire a registered agent service (typically $50–$150/year).

Step 3: File the Articles of Organization on Sunbiz

This is the document that officially creates the LLC. It's filed online at Sunbiz and the state fee is $125. Processing typically takes 1–3 business days.

Step 4: Obtain the EIN

With the Articles of Organization approved, you apply for the EIN from the IRS. With an SSN it's online and immediate. With an ITIN it's by mail or fax, with a wait of several weeks.

Step 5: Operating Agreement

Florida doesn't legally require an Operating Agreement, but it's highly recommended. It's the internal document that defines how the LLC operates: who makes decisions, how profits are distributed, what happens if a partner wants to leave. Without it, any dispute is governed by the state's default rules, which may not reflect what you agreed on.

Step 6: Open a Business Bank Account

With the EIN and LLC documents you can open a bank account in the company's name. This is essential for maintaining asset separation — if you mix personal and business finances, a judge can "pierce the corporate veil" and the liability protection no longer applies.

How Much Does It Cost in Total?

| Item | Cost | |---|---| | Sunbiz filing | $125 (required, paid to the state) | | Registered Agent (if third party) | ~$100/year | | Bilingual Operating Agreement | Varies by provider | | Annual Report (yearly renewal) | $138.75 |

The Annual Report is filed between January and May each year. If you don't file it, the state automatically dissolves the LLC.

When to Talk to an Attorney

We are document preparers, not attorneys. We prepare and file LLC formation documents. If your situation involves multiple partners with complex agreements, visa questions, or international tax issues, consult an attorney specializing in corporate law or a CPA.

For standard LLC formation cases in Florida — which are the vast majority — the process is straightforward and doesn't require legal representation.

Ready to Get Started?

At CrizMarkCREDIT we offer three LLC formation packages that include Sunbiz filing, EIN obtainment, and a bilingual Operating Agreement. View options and pricing.

If you have questions about your specific situation, contact us — we respond at no cost and with no commitment.