Starting a small business or freelancing in the U.S.: the basics
Check your status first, then plan, pick a structure, register, get a free EIN, and handle self-employment tax, 1099 forms and business scams.
At a glance
- First, check your status: whether you may work for yourself in the U.S. depends on your immigration status. USCIS says the conditions for working depend on your status, and breaking them can lead to removal (USCIS). 4Livo can’t assess this; ask an authorized legal helper (see free immigration legal help). F-1 students: starting your own business in the U.S. counts as work (Study in the States); see F-1 work options.
- Who this is for: newcomers who want to freelance, do gig work or start a small business.
- When: usually in your first year. Get your Social Security number (SSN) or ITIN early: you need one to pay self-employment tax (IRS) and to get an EIN online (IRS).
- What you’ll need: an SSN or ITIN, a business name and, for an LLC or corporation, a state registration.
- Cost: an EIN is free (IRS). Registering a business usually costs less than $300, but fees vary by state and structure (SBA).
Step 1 — Plan before you spend
The U.S. Small Business Administration (SBA) describes two kinds of business plan: a detailed traditional plan, and a lean plan that can take as little as one hour and is typically one page. When you list startup costs, SBA suggests counting at least one year of monthly expenses (SBA — Plan your business).
Location decides which taxes, zoning rules and regulations apply, and zoning can apply even to a business run from home; ask your city planning office (SBA — Launch your business).
Step 2 — Learn the main business structures
Your structure affects your taxes, paperwork, ability to raise money and personal liability, meaning whether your own savings are at risk for business debts. SBA describes the common options this way (SBA):
- Sole proprietorship: you are one automatically if you do business without registering as anything else. It’s easy, but you can be held personally liable for business debts.
- Limited liability company (LLC): in most cases, it protects your personal assets if the LLC faces bankruptcy or lawsuits. Members are considered self-employed.
- Corporation: a legal entity separate from its owners, with the strongest liability protection, but higher costs and more record-keeping. An “S corp” passes profits to its owners, but SBA’s comparison table shows it can’t have owners who are nonresidents for tax purposes.
Rules differ by state, and switching structures later can have tax consequences; SBA says business counselors, attorneys and accountants can help (SBA). 4Livo doesn’t recommend one structure over another.
Step 3 — Choose a name and register with your state
A business name can be registered as an entity name with your state, a trademark that protects it nationally, a “doing business as” (DBA) trade name, which most states require you to register if you use one, and a website domain name (SBA).
If you do business under your own legal name, SBA says you don’t need to register anywhere, though you could miss out on liability protection. An LLC, corporation or partnership usually registers in each state where it does business, often with the Secretary of State. It needs a registered agent there: a person or service that receives official legal papers. Some states also want an initial report, most often within 30 to 90 days (SBA). SBA’s state registration lookup links to each state’s office.
You may see offers to file a “beneficial ownership information” (BOI) report. FinCEN, a Treasury bureau, says U.S. companies are now exempt (alert updated August 11, 2026) (FinCEN).
Step 4 — Get a free EIN from the IRS
An Employer Identification Number (EIN) is a 9-digit federal tax number for a business (IRS — Form SS-4 instructions). You generally need one to hire employees, run a partnership or corporation, or pay sales and excise taxes. Form an LLC or corporation with the state first, or your application may be delayed (IRS — Get an EIN).
- It’s free. The IRS warns against websites that charge for an EIN (IRS).
- Online: if your business is based in the U.S. and the person in control (the “responsible party”) has an SSN or ITIN, you get the number right away (IRS).
- Otherwise: Form SS-4 by fax or mail. Applying by phone, at 267-941-1099 (not toll-free), is only for applicants with no legal residence or place of business in the U.S. The instructions say what to enter if the responsible party can’t get an SSN or ITIN, and not to use an EIN in place of your SSN or ITIN (IRS — Form SS-4 instructions).
Your state may require its own tax ID; check its revenue department (SBA). See our guide to state income taxes.
Step 5 — Get the licenses and permits you need
Federal licenses cover activities regulated by a federal agency, such as alcohol, aviation, firearms or broadcasting. States regulate more, including construction, plumbing, restaurants and retail, and your county or city may require licenses too. SBA suggests starting with your Secretary of State’s website and tracking renewal dates (SBA).
Step 6 — Understand self-employment taxes
You’re generally self-employed if you run a business as a sole proprietor or independent contractor, are a partner in a business, or otherwise work for yourself, including part-time or gig work. You generally pay income tax and self-employment tax (IRS — Self-employed tax center).
- Self-employment tax is Social Security and Medicare tax for people who work for themselves. The IRS lists the rate as 15.3%. You must pay it and file Schedule SE if your net earnings from self-employment were $400 or more (IRS — Self-employment tax).
- Tax residency matters. The IRS says nonresidents for tax purposes are not subject to self-employment tax, but become liable once they are residents; a Social Security agreement between countries can change this (IRS). See our tax residency guide.
- You need an SSN or ITIN to pay it (IRS). See our guides to the Social Security number and the ITIN.
- Pay during the year. No employer withholds these taxes for you, so you generally make quarterly estimated tax payments with Form 1040-ES (IRS — Self-employed tax center). Individuals generally must pay if they expect to owe $1,000 or more when they file. Late payments can bring a penalty even if you’re due a refund. Nonresidents use Form 1040-ES (NR) (IRS — Estimated taxes). For 2026, the last payment is due January 15, 2027 (IRS — Form 1040-ES).
- Keep records that clearly show your income and expenses; except in a few cases, no special system is required (IRS — Recordkeeping).
A sole proprietor reports business income or loss on Schedule C (IRS). For filing basics, see our first tax return guide.
Step 7 — Get paid safely and understand 1099 forms
- Put each deal in writing: the work, the price and when you’ll be paid.
- Form W-9. Clients may ask for it to get your taxpayer number. The IRS says to use it only if you are a U.S. person, which includes a resident for tax purposes; foreign persons use a Form W-8 or Form 8233 (IRS — Form W-9).
- Form 1099-NEC. A client generally reports payments to an independent contractor on this form (IRS). If a client controls how you work, you may really be an employee; see our paycheck guide.
- Form 1099-K reports payments for goods or services by card, payment app or online marketplace. Apps and marketplaces must send one above a reporting threshold, but may send one for less (IRS — Form 1099-K).
- Report all your income, with or without a form, even if you were paid in cash or virtual currency (IRS — Gig economy tax center).
- Keep business money separate. SBA suggests a business bank account once you start accepting or spending money as a business (SBA). See opening a bank account.
Common mistakes and scams to avoid
- Starting before checking your status with an authorized legal helper; see free immigration legal help.
- Paying for an EIN. It’s free from the IRS (IRS).
- “Business opportunity” and coaching offers. The FTC says offers of guaranteed income, large returns or a “proven system” are likely scams, and honest offers don’t need high-pressure sales tactics (FTC). The seller must give you a one-page disclosure document at least seven days before you sign or pay; if they don’t, walk away (FTC — Bogus business opportunities).
- Franchises. You must get the Franchise Disclosure Document at least 14 days before you’re asked to sign or pay. Talking to current and former franchisees “may be the most reliable way” to check the seller’s claims (FTC — Buying a franchise).
- “Free” grant money. There are no federal grants for starting a business (USAGov), and offers of free government grant money are scams (FTC — Grant scams).
- SBA impostors. Official SBA emails end in @sba.gov, and you don’t need to pay a “middleman” for an SBA loan (SBA).
- Fake checks. A “client” who overpays by check and asks you to send back the difference is a scammer; seeing the funds in your account doesn’t mean the check is good (FTC — Fake check scams).
More warning signs: scams that target newcomers.
You’re not alone
Building something of your own in a new country takes courage, and the paperwork can feel endless at first. You don’t have to do it alone: SCORE mentors meet with business owners on an ongoing basis, at no cost (SBA). People from your home country who already run businesses here can share what they learned; see finding your home-country community.
Where to get free, trustworthy help
- SCORE: a nonprofit network of volunteer business mentors (SBA — Resource partners).
- Small Business Development Centers (SBDCs): counseling and training for new and existing small businesses (SBA).
- Women’s Business Centers: free to low-cost counseling and training, focused on women (SBA).
- SBA Answer Desk: 1-800-827-5722 or answerdesk@sba.gov (USAGov).
- Taxes: the IRS Self-Employed Individuals Tax Center.
- Report a scam: ReportFraud.ftc.gov and your state attorney general (FTC).
- Status questions: free immigration legal help. Exploring a visa linked to a business or investment? See work visa types.
Ask the community
A place to ask other newcomers about freelancing and small business, and to share what worked for you, is coming soon to 4Livo.
Sources
- USCIS — Working in the United States (accessed October 27, 2026)
- Study in the States, DHS — Training Opportunities in the United States (last updated August 24, 2026; accessed October 27, 2026)
- U.S. Small Business Administration — Plan your business (updated October 19, 2026; accessed October 27, 2026)
- U.S. Small Business Administration — Launch your business (updated August 28, 2026; accessed October 27, 2026)
- U.S. Small Business Administration — State registration lookup (updated August 28, 2026; accessed October 27, 2026)
- U.S. Small Business Administration — Manage your business (updated October 27, 2026; accessed October 27, 2026)
- U.S. Small Business Administration — Resource Partners (updated September 3, 2026; accessed October 27, 2026)
- USAGov — How to start and fund your own business (last updated August 18, 2026; accessed October 27, 2026)
- FinCEN, U.S. Department of the Treasury — Beneficial Ownership Information Reporting (alert updated August 11, 2026; accessed October 27, 2026)
- IRS — Get an employer identification number (last reviewed October 16, 2026; accessed October 27, 2026)
- IRS — Instructions for Form SS-4 (12/2025) (last reviewed April 30, 2026; accessed October 27, 2026)
- IRS — Self-employed individuals tax center (last reviewed September 27, 2026; accessed October 27, 2026)
- IRS — Self-employment tax (Social Security and Medicare taxes) (last reviewed June 27, 2026; accessed October 27, 2026)
- IRS — Social Security tax/Medicare tax and self-employment (last reviewed May 22, 2026; accessed October 27, 2026)
- IRS — Estimated taxes (last reviewed September 25, 2026; accessed October 27, 2026)
- IRS — Form 1040-ES, Estimated Tax for Individuals (2026) (PDF; accessed October 27, 2026)
- IRS — Recordkeeping (last reviewed May 1, 2026; accessed October 27, 2026)
- IRS — Independent contractor defined (last reviewed October 11, 2026; accessed October 27, 2026)
- IRS — Understanding your Form 1099-K (last reviewed June 28, 2026; accessed October 27, 2026)
- IRS — Gig economy tax center (last reviewed July 9, 2026; accessed October 27, 2026)
- IRS — Form W-9 (Rev. March 2024) (PDF; accessed October 27, 2026)
- Federal Trade Commission — When a Business Offer or Coaching Program Is a Scam (August 2022; accessed October 27, 2026)
- Federal Trade Commission — Bogus Business Opportunities (November 2011; accessed October 27, 2026)
- Federal Trade Commission — A Consumer’s Guide to Buying a Franchise (September 2020; accessed October 27, 2026)
- Federal Trade Commission — Government Grant Scams (August 2022; accessed October 27, 2026)
- Federal Trade Commission — How To Spot, Avoid, and Report Fake Check Scams (June 2025; accessed October 27, 2026)
Changes to this guide
- October 27, 2026: Draft created (AI-assisted); sources checked. Waiting for human review.
- October 28, 2026: Reviewed and approved by the 4Livo team.