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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

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.