I’m a foreigner and I’ve set up a U.S. LLC with an EIN. I also have an ITIN for tax purposes. Since I don’t have a U.S. work visa, I’m worried—if I use my EIN or ITIN to run my business or file taxes, will immigration law see this as unauthorized work? I want to stay compliant but also keep my business active. How does immigration really view this situation?
No—using an EIN or ITIN is not considered unauthorized work. An EIN is simply a business tax ID, and an ITIN is your personal taxpayer number if you don’t have an SSN. Immigration only considers it unauthorized work if you’re physically working in the U.S. without employment authorization.
So, running your LLC remotely or filing taxes with your ITIN is legal and expected by the IRS. The key is to separate tax compliance from visa status. If you want to scale your U.S. operations safely, services like Business Globalizer, Expedite Formation, or Steady Formation can guide you with LLC setup, EIN/ITIN filing, and compliance—without crossing immigration lines.
In short: having and using EIN/ITIN = tax compliance. Doing in-person, unauthorized work in the U.S. = immigration problem.