Houston, TX asked in Immigration Law for Texas

Q: Hi I am an F-1 student can I open LLC in Texas for my website for the payment gateway, is there any problem.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an F-1 student, your primary purpose in the United States is to pursue your studies, and your visa comes with specific restrictions regarding employment and business activities. Generally, F-1 visa holders are not allowed to engage in self-employment or operate a business, as this could be considered unauthorized employment.

However, owning an LLC is a bit of a gray area. Technically, you can own a business (like an LLC) in the U.S. while on an F-1 visa. But actively managing the business or receiving income from it could violate your visa conditions. It's essential to understand that any form of 'work' requires proper authorization, whether it's on-campus employment, off-campus employment, Optional Practical Training (OPT), or Curricular Practical Training (CPT).

For your specific situation involving a website and a payment gateway, it's crucial to be cautious. Passive income, such as revenue from a website, might be permissible in some cases, but actively managing a business or engaging in day-to-day operations is not allowed.

Given these complexities, it's advisable to consult with an immigration attorney. They can provide guidance tailored to your situation, helping ensure that any business activities you consider do not jeopardize your student visa status. Additionally, your school's international student office can be a valuable resource for understanding what your F-1 visa allows.

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.