Step-by-Step Guide to Opening a Business in the US While Living in Brazil in 2026

It's ten o'clock at night in an apartment in São Paulo, Belo Horizonte, or Curitiba – it doesn't matter which – and the same question keeps coming to mind: Is it possible to open a business in the United States while living in Brazil? The short answer is yes. The longer answer, which is what we're really interested in, involves specific steps, realistic timelines, and a handful of pitfalls that often trip up those who try to cut corners on professional guidance along the way.

This article serves as your complete roadmap. We won't delve into visa specifics here (that's already covered in our article on the E-2 Visa for Brazilian Investors, which outlines requirements and processes line by line) nor discuss the costs of dollarizing assets (that topic also has a dedicated blog post). Our focus here is different: the practical mechanics of registering, structuring, and getting a US company off the ground while you're physically located in Brazil.

First Things First: What Kind of Business Are You Opening?

Before you fill out a single form, there's a pivotal decision to make: do you want a legal structure primarily for earning in dollars and operating remotely (like an e-commerce venture, consulting firm, or asset holding company)? Or are you aiming for a physical business in the U.S. with a commercial location, a team, and the owner's constant presence? On paper, the bureaucracy might seem similar for both paths, but their implications for visas, time commitment, and investment types are vastly different.

If your plan leans towards the latter, this is also the moment to decide on your industry (residential services, food and beverage, health and wellness, childcare, automotive, pet care, or business-to-business services). This choice will dictate the type of location you need, the size of your team, and how much the business will rely on your daily physical presence. A residential service franchise, for example, typically operates with a small staff and a less prominent location. In contrast, a physical food service operation requires a larger team, a highly visible spot, and a much more hands-on owner in its day-to-day operations.

Step 1: Choosing Your Legal Structure and State of Registration

The vast majority of Brazilian investors opt for an LLC (Limited Liability Company), a structure that shields personal assets and offers simpler taxation compared to a traditional corporation. Many are surprised to learn that there's no requirement to be a U.S. citizen or green card holder to own a U.S. LLC. Delaware, Florida, and Wyoming are the most sought-after states for foreign owners, each presenting specific advantages in terms of maintenance costs and annual reporting requirements. However, if your business will physically operate in a particular state (for example, a franchise location in Florida), it's usually most straightforward to register directly in the state where your operation will exist, to avoid having to register it twice later on.

Step 2: Register Your LLC and Appoint a Registered Agent

Every LLC in the U.S. needs a registered agent—an individual or company with a physical address in the state of registration who is authorized to receive official notices on your behalf. Since you reside in Brazil, this agent is mandatory, not optional. The actual registration (known as Articles of Organization or Certificate of Formation, depending on the state) is usually completed online and typically processed within a few business days.

Step 3: Obtain an EIN, Even Without an SSN

The EIN (Employer Identification Number) is essentially the U.S. equivalent of Brazil's CNPJ—the number your company uses to open bank accounts, hire employees, and file taxes. The good news is that you can obtain an EIN without having a Social Security Number (SSN) by using IRS Form SS-4. The not-so-good news is that foreigners without an SSN cannot apply online; the application must be submitted via fax or mail, stretching the processing time from a few days to several weeks. This is one of those points where having someone who has navigated this process dozens of times truly saves you valuable time.

Step 4: Opening a U.S. Bank Account

This often turns out to be the most frustrating bottleneck for those who attempt to go it alone. Most American banks typically require the owner's physical presence at least once to open an account, though there are some business-focused fintechs that do permit remote opening with more extensive documentation. If your plan involves traveling to the U.S. to open the account, it's smart to coordinate this trip with other steps in the process, such as visiting your chosen franchise brand or signing contracts.

Step 5: Commercial Address, Licenses, and Capital

With your LLC, EIN, and an active bank account in place, the next requirements are a commercial address (which can be a physical operating space or simply a mailing address, depending on your business model) and local licenses, which vary significantly by city and county. A restaurant or a healthcare service, for instance, will have a much more complex licensing process than a consulting firm or an automotive service. This is also the stage where your planned capital comes into play: the initial franchise fee (if that's the path you choose), build-out and equipment for your location, initial inventory, and working capital for the first few months of operation. Each of these line items carries a different weight depending on the segment, and the exact breakdown for each brand is detailed in Item 7 of the FDD, a document we analyze with you during your consultation.

LLC vs. C-Corp: Which Structure Aligns with Your Plan?

Before you make your final decision, it's worth taking a quick look at the differences between the two most commonly used structures for foreign investors.

For anyone opening a franchise or a small to medium-sized business, an LLC is generally the most straightforward and least costly structure to maintain year after year.

Common Mistakes When Trying to Go It Alone

The same missteps often recur: picking the wrong state because you think Delaware is always the best option (it's not always the case; it depends on where your operation will be), underestimating the waiting period for an EIN without an SSN, attempting to open a 100% remote bank account with a bank that requires a physical presence only to discover this at the last minute, and purchasing a franchise without carefully reviewing Item 7 and Item 19 of the FDD. This last point, by the way, is covered in detail in our article about what changes when an international investor buys a franchise.

If your ultimate goal is also to live in the U.S. and run the business personally, the visa application process runs in parallel to all of this, always evaluated by TFG's licensed immigration attorney partners.

Your Next Step: A Conversation, Not a Form

Each of these steps involves nuances that vary from state to state and from industry to industry. The Franchise Group guides Brazilian and Latin American investors from their very first conversation all the way through to opening their business, at no extra cost. We assist in choosing the right industry, legal structure, and, when it makes sense, the correct visa path with our partner attorneys. Schedule a complimentary consultation with a TFG advisor and bring your specific questions to the table.