Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if forming an LLC is permissible, does it play a role in facilitating the green card process for individuals involved later on?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment. It's crucial to understand that actively managing the LLC or working for it might violate your visa conditions.

Regarding hiring employees from other countries, this is generally permissible. The key factor is that your involvement must remain within the legal boundaries of your visa status. Passive ownership is usually acceptable, but active management or labor could be problematic.

As for the green card process, forming an LLC doesn't directly facilitate obtaining a green card. The path to a green card is separate and can be complex, often involving sponsorship by an employer or family member. Owning an LLC doesn't inherently provide an advantage in this process.

In summary, while forming an LLC as an international student in Texas is possible, adhering to visa restrictions is crucial. Consider seeking legal advice to understand the nuances of your situation and to ensure compliance with immigration laws.

Glendia  Del Evans
Glendia Del Evans
  • Immigration Law Lawyer
  • Fairfax, VA

A: First consult a TX business lawyer regarding non-citizens owning an LLC. F-1 student visa will only allow very passive involvement, and you cannot draw a salary or profit from the LLC. There are options through an LLC to petition for it's owner but it depends on the employment-authorized based category, job description and other factors which an immigration lawyer needs to review before advising on eligibility.

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.