Beloit, WI asked in Immigration Law, 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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  • Immigration Law Lawyer
  • Sacramento, CA

A: Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind:

Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However, it's essential to ensure that all business activities conducted under the LLC comply with U.S. federal and state laws, including tax laws and regulations related to business ownership and operation.

F1 Visa Status: As an international student on an F1 visa, you are generally allowed to work part-time on-campus during the academic year and full-time during designated breaks. However, off-campus employment, including owning and operating a business, can be more complicated and requires proper authorization. Engaging in unauthorized off-campus employment can jeopardize your F1 visa status.

Employment Authorization: If you plan to be actively involved in the day-to-day operations of the LLC or derive significant income from it, you may need to seek specific employment authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT), which are programs that allow F1 students to work off-campus in their field of study.

Consult an Immigration Attorney: Given the complexity of immigration and business laws in the USA, it's advisable to consult with an immigration attorney who can provide guidance tailored to your specific situation. They can help you understand the legal implications of your business plans on your F1 visa status and assist you in navigating the proper channels for employment authorization if required.

In summary, while it's possible to register an LLC in your mom's name, it's crucial to ensure that your business activities are conducted in compliance with U.S. immigration and business laws. Consulting with an immigration attorney will help you make informed decisions and avoid any potential legal issues that could impact your F1 visa status.

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