Q: Can i open an LLC along with my full time job (40 hrs) on F1 Stem OPT?
I am currently on F1 STEM OPT expiring in 2026. I have a full time job with an employer who pays me good. I want to start a business (open an LLC) and continue working for my employer along with the LLC work. Is this possible?
A:
While on F1 STEM OPT, your primary focus should be on gaining practical experience in your field of study through employment that is directly related to your major area of study. The regulations surrounding the F1 visa and STEM OPT specifically allow you to work for an employer who is E-Verify registered and who can provide you with a training plan that complements your field of study.
Starting a business, such as opening an LLC, introduces complexities regarding your immigration status. The key consideration is whether actively managing or working for your LLC would be considered unauthorized employment, as your permission to work in the U.S. under F1 STEM OPT is typically restricted to employment that meets specific criteria related to your degree. Passive ownership in a business might not violate your status, but actively working for or managing the business could be problematic without proper authorization.
It is crucial to consult with an immigration attorney to understand the nuances of your situation and to ensure that any business activities do not jeopardize your F1 STEM OPT status. An attorney can provide guidance tailored to your circumstances, helping you to navigate the intersection of immigration regulations and entrepreneurship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
