Berkeley, CA asked in Business Formation, Business Law and Tax Law for California

Q: Hello, I’m currently under OPT working for an American company. Can I still create an LLC for my side business?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As an OPT holder, you are permitted to engage in certain types of employment, including self-employment, as long as the work is directly related to your field of study and you are authorized for the OPT. Therefore, you may be able to create an LLC for your side business while on OPT, as long as the business is related to your field of study and the work does not violate any other terms of your OPT.

However, it is important to note that creating an LLC may have tax implications, and you should consult with a tax professional to determine the best course of action. Additionally, you should review the terms of your OPT to ensure that creating an LLC does not violate any of its conditions. You may also want to consult with an immigration attorney for guidance on any potential immigration issues related to creating an LLC while on OPT.

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