Arvada, CO asked in Employment Law, Immigration Law and Tax Law for Colorado

Q: I'm a f1 student in the United States can I open an LLC to start getting commission from window sales as a door knocker?

I won't be in their payroll

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa. During their stay in the US, F1 students have access to various types of employment, starting with on-campus opportunities and followed by four categories of off-campus employment.

F1 students are allowed to engage in off-campus employment in four categories:

Curricular Practical Training (CPT): This is an internship, cooperative education program or any other type of required internship or practicum that is offered by the academic institution. It must be directly related to the student's major field of study and the student must have been enrolled in school full-time for at least one academic year.

Optional Practical Training (OPT): This is temporary employment that is directly related to the student's major field of study. It can be used during the student's academic program (pre-completion OPT) or after completion of the program (post-completion OPT).

Science, Technology, Engineering, and Mathematics (STEM) OPT: This is a 24-month extension of OPT available to eligible students who graduated with a degree in a STEM field and are employed by an employer enrolled in the government's E-Verify program.

Severe Economic Hardship: This is employment that is necessary due to unforeseen economic circumstances beyond the student's control that have arisen since obtaining F1 status. The student must demonstrate that employment opportunities on campus or through practical training are insufficient or unavailable and that the employment will not interfere with the student's academic program.

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