Beloit, WI asked in Business Formation, Business Law and International Law for Wisconsin

Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

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

A: Registering an LLC in your mother's name while you are on an F1 visa in the USA requires careful consideration of both immigration and business laws. As an international student, your F1 visa has specific restrictions regarding employment and business operations.

Firstly, you should understand that F1 visa holders are typically not allowed to engage in business activities that constitute employment. Running a business, even if it's registered under someone else's name, could be interpreted as a violation of your visa terms.

Having the business registered in your mom's name doesn't automatically exempt you from these restrictions. Even if you're not formally listed as an owner or employee, actively managing or working for the business could be problematic under F1 visa regulations.

Your best course of action is to consult with an immigration lawyer. They can provide tailored advice based on the specifics of your situation and help you navigate the complexities of visa regulations and business ownership.

Additionally, consider speaking with a business attorney. They can advise on the legalities of setting up and operating a business in the U.S., especially in relation to your status as an international student.

Remember, maintaining compliance with your visa conditions should be your top priority to avoid jeopardizing your student status in the U.S. Navigating this situation requires careful planning and professional legal guidance.

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