Rochester, NY asked in Immigration Law for New York

Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be considered a violation of your F1 visa status.

Here are a few key points to consider:

1. Owning an LLC: While you may be able to form an LLC in the US as a non-resident, being actively involved in running the business could be considered unauthorized employment.

2. Employment: Putting yourself down as an employee of your own company, regardless of your UAE residence, could be seen as an attempt to circumvent F1 visa restrictions on employment.

3. Income: Earning income from a US-based company while on an F1 visa without proper work authorization could be considered a violation of your visa status.

It is essential to consult with an experienced immigration attorney who specializes in F1 visas and business formation to assess your specific situation and provide guidance on the best course of action. Violating your F1 visa status can have serious consequences, including deportation and difficulties obtaining visas in the future.

As an alternative, you may want to explore the possibility of starting your business in the UAE and conducting business with the US as a foreign entity, which would not involve your physical presence or employment in the United States.

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