How Brazilians open a US company in 2026: the real step-by-step

Opening a company and getting a visa are two separate processes. Connecting them correctly is what separates ventures that thrive from those that burn capital.

Part 1: Which entity?

For non-resident Brazilians it's almost always LLC vs C-Corp. S-Corp is off the table — S-Corp requires ALL owners to be USC or Green Card holders. A single Brazilian non-resident disqualifies the entire structure.

Part 2: Which state?

The myth that you must form in Delaware is just that — a myth. Delaware makes sense for VC-backed C-Corps or multi-sub holdings. For an average Brazilian running a FL operation, a FL LLC is superior: no double registration, no $300/yr DE franchise tax.

Part 3: The 7 formation steps

1. Name search (Sunbiz + USPTO).
2. Articles of Organization ($125 + $30 expedited).
3. EIN via Form SS-4.
4. Operating Agreement (15–40 pages).
5. Registered Agent.
6. Bank account (Mercury/Relay for remote).
7. BOI Report to FinCEN within 90 days.

Part 4: LLC does NOT get you a visa

An LLC alone grants no immigration status. To live in the US you need a visa — E-2 (requires treaty-country citizenship; Brazil is NOT one), L-1 (transfer from Brazilian parent), EB-5, EB-2 NIW, or O-1. The LLC can be PART of the strategy, not the whole strategy.

Part 5: Taxation in both countries

With no ratified BR–US treaty, Brazilian owners face taxation in both jurisdictions. Brazil grants unilateral foreign tax credit up to the Brazilian rate. See our BR–US Tax Treaty Calculator.

Common pitfalls

• Delaware LLC for FL operation — unnecessary double cost.
• Missing BOI — $500/day.
• Mixing personal + business accounts — destroys corporate veil.
• Weak Operating Agreement — expensive in any dispute.
• S-Corp with non-resident owner — automatic DQ.
• Not declaring LLC to RFB/Banco Central — tax evasion.