Sugar Land, TX asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas

Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll be able to withdraw income or not.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online store. Doing so without proper authorization could jeopardize your F-1 status and lead to serious immigration consequences.

To make your digital store idea feasible, you might consider options like applying for Optional Practical Training (OPT) after completing your degree, which could allow you to work in a field related to your studies. Another possibility is to seek approval for Curricular Practical Training (CPT) through your school, if the business aligns with your academic program. However, these options require careful planning and adherence to specific rules set by U.S. Citizenship and Immigration Services (USCIS).

When it comes to withdrawing income from the business, as an F-1 student, you need to be aware that unauthorized business income is not allowed. You may want to explore consulting with a legal expert in immigration law to understand potential legal pathways, such as creating a business entity that doesn’t directly employ you, but this requires thorough research to avoid violating F-1 visa regulations. Proceeding without a clear understanding of the rules could put your stay in the U.S. at risk.

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