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Can a foreigner form an LLC in Texas?

The short answer, with the official forms and the agencies' own links.

Updated October 15, 2026Sources: the agencies' own sites

The short answer

Yes. Texas law doesn't restrict who can form or own a business entity, so you don't need to be a US citizen or resident; the organizer only has to be a person capable of entering into a contract. The LLC files Form 205 with the Secretary of State.

The forms involved

  1. Certificate of Formation (Texas LLC)

    Texas Secretary of StateTexas

    Filed online in SOSDirect, or by mail or fax.

    Fee
    $300
    Filed
    Filed online
    Takes
    No standard time published; paid expedited service typically takes 2 to 3 business days.

    The agency's site

  2. Application for Employer Identification Number (EIN)

    Internal Revenue ServiceUS federal

    Owners with an SSN or ITIN apply online. A company whose responsible party has neither (most China-based owners) faxes or mails Form SS-4, or calls the IRS international line.

    Fee
    Free
    Filed
    Paper form, faxed or mailed
    Takes
    Fax: about 4 business days. Mail: about 4 to 5 weeks. Phone: issued on the call.

    The agency's site

Full guides

General information, not legal or tax advice. Agency requirements change; check the agency's page before you file.

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