Meridian, ID asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho

Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my Salary be compared to/based on when I file my I-983?

2 Lawyer Answers

A: Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for companies based in one state but operating in another, and it ensures compliance with Idaho's state business regulations. For detailed instructions and legal compliance, it's advisable to consult with a legal expert or a business attorney familiar with Idaho corporate law.

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A: Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign entity in Idaho, which involves complying with Idaho's business registration requirements and tax laws.

Regarding your salary and the I-983 form for STEM OPT, your salary should be compared to and based on wages in Idaho, where you are physically working and living. The I-983 form requires information about your training plan, including compensation, and it should reflect the prevailing wage for similar positions in Idaho's job market. This is important to comply with the Department of Homeland Security's requirements for STEM OPT.

It's also advisable to keep in mind the tax implications of running a Delaware corporation while residing and working in Idaho. You might need to deal with tax filings in both states. To navigate these complexities effectively, consider consulting with a tax professional or an attorney who has expertise in corporate and employment law. They can provide specific guidance tailored to your situation, ensuring compliance with both federal and state regulations.

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