Moving from an EORto your own US entity.
You incorporate, register as an employer in every state where someone works, open payroll accounts, then move each person across on a set date. Teamed runs the whole migration.
The shape of the move
What actually changes, and what does not
The move is less dramatic in the United States than in most of Europe, and more administrative. Nobody's employment is legally transferred by statute the way it would be under a European transfer regime. Each person simply resigns from one employer and is hired by another on an agreed date, which is straightforward. The work is in the registrations underneath.
- What transfers automatically
- Nothing. Each person is rehired by the new entity
- The binding constraint
- Employer registration in every state where someone works
- Delaware's part
- Incorporation only, unless someone actually works in Delaware
- Foreign corporation report, Delaware
- $250, due 30 June
- Usual sequencing
- Incorporate, register, open accounts, then move people
- Benefits
- Re-procured by the new entity, not carried over
The thing that surprises European teams
There is no automatic transfer of employment
In much of Europe, moving employees between employers triggers a statutory transfer regime that carries terms, service and liabilities across whether anyone wants it or not. The United States has no equivalent for this situation. Employment is at will in almost every state, and there is no law that moves a contract from one employer to another.
That sounds like it makes the move easier, and mechanically it does. It also means nothing is protected by default. Service dates, accrued leave, benefit eligibility and anything that depends on tenure carry across only because you decide they should and write it down. Getting that wrong is not illegal. It is simply a bad thing to do to people who agreed to move.
Where the actual work is
You register where people work, not where you incorporate
A Delaware certificate of incorporation does not let you employ anybody. Employment sits with the states where your people physically are, and each of those states wants its own registration, its own withholding account and its own unemployment insurance account before a single payroll can run.
So the size of this project is not set by how many employees you have. It is set by how many states they live in. Five people in five states is a materially larger piece of work than fifteen people in one, and the five state version is the one that usually surprises people who counted heads rather than addresses.
Each registration has its own lead time, and some are measured in weeks. This is the step that decides your realistic move date, which is why it comes before choosing one.
Sequencing
The order that avoids a gap in pay
The failure everyone wants to avoid is somebody missing a payroll, and the way to avoid it is to leave the employer of record in place until the new entity can genuinely run payroll. Not until it exists. Until it can pay people.
In practice that means the company is incorporated first, state registrations are filed and confirmed, payroll accounts are open and tested, and benefits are in place with a start date. Only then do people move, usually on the first day of a month or a pay period. The employer of record carries everyone up to the day before.
Moving somebody on the strength of a registration that has been applied for but not granted is the single most common way this goes wrong.
What the people involved notice
The employee experience is a real part of this
From the employee's side this is new paperwork, a new payslip, possibly a new benefits provider and a new name on their employment documents. Handled well it is a formality. Handled badly it reads as instability, and the people most likely to read it that way are usually the ones you moved the entity to keep.
The parts worth being deliberate about are benefits continuity, whether anyone loses accrued leave, and telling people early enough that the change arrives as a plan rather than as a surprise.
Before you commit
Sometimes an employer of record is the better fit
Not every team should make this move. If the group in the United States is small, still changing shape, or concentrated in one state where an employer of record is already comfortable, staying put can be the better answer, and it is a fair one rather than a lesser one. The move is not reversible in any practical sense once the registrations exist.
Contractors, employer of record and your own entity all run on one platform at Teamed, so moving between them later does not mean changing provider or re-onboarding anybody. Real HR and legal experts handle the work rather than a ticket queue.
Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers yourself first, the crossover calculator models it on local salaries and employer costs rather than on a headcount rule of thumb.
Who carries it
Your own entity, when it's time. We set it up, migrate you in, and hand it back intact.
Global Entity and Employment Operations, which we call GEMO, is how Teamed forms your company, registers it for tax and payroll, runs it month to month and keeps its filings current, across 100+ countries. You stay the employer. We do the work behind it.
Teamed's American entity is Teamed US Inc., a Delaware corporation, so the incorporation, the state registrations and the payroll accounts described above are ones our own team has already been through on our own account.
They set up our EU entity and moved hires across without missing a payroll.
Questions
Questions people ask before they move
Do US employees transfer automatically to a new entity?
No. The United States has no equivalent of a statutory transfer regime for this. Each person resigns from the employer of record and is hired by your entity on an agreed date. Service, accrued leave and benefit eligibility carry across only if you decide they do and record it.
How long does moving from an EOR to a US entity take?
The binding constraint is state employer registration, not incorporation. Incorporating is fast. Registering as an employer in every state where somebody works, and opening withholding and unemployment accounts, is what sets the date, and some states take weeks.
Do I need to register in every state where I have an employee?
Yes. Employment obligations follow where the person physically works, not where the company is incorporated. A Delaware company with people in four states registers as an employer in those four states.
Can we move people across mid month?
You can, and it is usually worth avoiding. Moving on the first day of a month or a pay period keeps payroll, benefits and tax reporting on clean boundaries and reduces the chance of somebody falling between two payrolls.
What happens to benefits when we move?
They are re-procured by the new entity rather than carried over. Plans sit with the employer, so a change of employer means new plans with their own start dates. Aligning those dates to the move date is what stops anybody having a gap in cover.
Where these figures come from
Sources
Delaware filing figures were read from the Delaware Division of Corporations on 17 September 2026, including the annual report and franchise tax instructions. State employer registration requirements vary by state and are described here in general terms rather than as figures.
Looking for a job in Moving From Eor To Your Own Entity yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.