Brooklyn, NY asked in Employment Law, Immigration Law and Business Formation for New York

Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned by your brother, as long as it meets the OPT requirements.

2. However, it's crucial that the employment is legitimate and not just a way to circumvent immigration laws. The LLC should have a genuine business purpose, and your work should be related to your field of study. You should receive a fair wage for your work and have an employee-employer relationship with the LLC.

3. Your brother, as the owner of the LLC, would need to comply with all applicable labor laws and regulations, including filing the necessary paperwork, paying taxes, and providing any required benefits.

4. It's advisable to maintain clear records of your employment, such as an employment contract, job description, pay stubs, and any other relevant documentation to demonstrate compliance with OPT requirements.

5. Keep in mind that your brother's green card status does not directly impact your eligibility to work for the LLC on OPT.

Given the complexity of immigration and employment laws, it's highly recommended that you consult with an immigration attorney who specializes in F-1 and OPT regulations to ensure compliance and to discuss your specific situation in more detail.

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