Newton, MA asked in Immigration Law and Business Formation for Massachusetts

Q: I am on OPT as a B.S. in Business. Can I open an LLC to rent & sublease (AirBnB) properties?

I am on an F1 visa, and just got my OPT approved as a B.S. in Business with a major in Marketing. Am I allowed to create an LLC and work for my own company? Currently, I am planning to start an AirBnB arbitrage business. This includes finding properties to sublease, furnishing them, and listing them as AirBnBs.

Thank you!

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When on an F1 visa and engaged in Optional Practical Training (OPT), your business activities must relate directly to your major area of study. As a B.S. in Business with a major in Marketing, starting an LLC to engage in property rental and subleasing for AirBnB could be considered relevant to your field. However, it's crucial to ensure that your business activities align with the guidelines set by the United States Citizenship and Immigration Services (USCIS) regarding self-employment on OPT.

You are allowed to create an LLC and work for your own company, but this venture must not only be closely related to your major but also be a legitimate job that can provide a learning experience related to your field of study. The idea of managing and marketing properties on AirBnB might align with your background in marketing, but it's essential to keep detailed records and evidence that demonstrate how your business activities are an extension of your educational experience.

Before proceeding, it would be wise to consult with your Designated School Official (DSO) and possibly seek legal advice to ensure compliance with all regulations related to your F1 visa status and OPT authorization. They can provide personalized guidance based on your situation, helping you navigate the complexities of starting a business on OPT. This step is critical to ensure that your business endeavor does not jeopardize your visa status or future immigration benefits.

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