If none of your US company's owners has a Social Security number, you cannot use the online EIN application at all — the route is the paper form, and the responsible party you name on it decides most of what happens next.
The IRS issues an Employer Identification Number to identify a business for federal tax purposes. The online application at irs.gov requires an SSN or ITIN for the "responsible party" field. When every owner is a non-resident without either number, the only path is filing Form SS-4 by fax or mail with the responsible party's foreign tax identification number instead.
This does not mean the process is blocked. It does mean the paper route is slower, and the choice of responsible party matters more than most applicants expect.
What is a responsible party and who should be named?
The IRS defines the responsible party as the individual who ultimately owns or controls the entity, or who exercises effective control over its funds and assets. For most small companies this is the majority owner or managing member.
If the company has multiple owners, name the person who will actually interact with the IRS — sign filings, respond to notices, manage the bank account. The responsible party must be a natural person, not another company or trust. A non-resident can serve in this role; the IRS accepts a foreign passport number and foreign tax ID on the SS-4.
Do not leave this field blank or fill in a nominee just to get the number faster. The IRS cross-checks the responsible party when it processes the form, and mismatches cause rejections.
How long does it take to get an EIN without an SSN?
By fax: the IRS typically processes SS-4 forms for international applicants within four to six weeks, though the agency states it can take longer during peak filing season. By mail: expect eight to twelve weeks or more, because the form must be mailed to the IRS centre in Cincinnati and returned by post.
Neither timeline is guaranteed. The IRS does not publish a hard SLA for paper SS-4 processing. If a bank or state agency requires the EIN by a specific date, start the process early and keep the fax confirmation sheet as proof of submission.
An EIN obtained through the paper route is the same number you would get online — there is no functional difference once it is issued.
Do I need an ITIN before I can get an EIN?
No. An Individual Taxpayer Identification Number and an EIN are independent processes. You can file Form SS-4 using a foreign passport number and your home-country tax identification number; the IRS does not require an ITIN for the responsible party on an EIN application.
An ITIN is only needed if the individual will file a US personal tax return or be listed on a US tax form that requires a US taxpayer identification number. For the EIN application itself, the foreign tax ID is sufficient.
If you later need an ITIN for other US tax filings, that application is separate and has its own processing timeline.
What happens after the EIN is issued?
Once the IRS assigns the EIN, you can open a US business bank account, register with state tax agencies, hire employees if needed, and file federal tax returns. The EIN does not expire and does not need to be renewed.
Keep the CP 575 notice (the IRS confirmation letter) in your permanent records. Banks and state agencies may ask to see it when you open accounts or register for state taxes.
If the responsible party changes after the EIN is issued, you must notify the IRS by filing Form 8822-B within 60 days.
A note on forming a US company as a non-resident
Forming the company and obtaining the EIN are separate steps. You can form an LLC or corporation in a US state without an SSN — most states do not require one for formation filings. The EIN comes after, and it follows the paper-route rules described above.
The state where you form the company affects annual fees, reporting obligations and privacy, but it does not change the federal EIN process. Choose the state based on where you will actually do business, not based on which state issues the fastest EIN.
This article is for general information only and does not constitute legal or tax advice. EIN processing times and IRS procedures may change. Consult a qualified tax professional for guidance specific to your situation.
Since 2018, Kjetax has helped over 10,000 businesses with cross-border tax and corporate matters. Our team of 150+ professionals, with partners who have more than 20 years of experience in international taxation, serves clients across mainland China, Hong Kong and the United States.
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