Lewis Center, OH asked in Immigration Law and Business Formation for Delaware

Q: Can I be my own statutory agent with a non-resident visa?

Dear Sir or Madam

I am about to make my own LLC to make an income during my OPT for my F1-visa before finishing my Bachelor's degree. I signed the work under Sevis and worked towards making money but before making money it has to be registered. which I try to do now. I was told that I can get proceeds from the company next year though I am not allowed to work for it and I am hoping to get some passive income there. The requirement in Ohio for the statutory agent says the person has to reside in Ohio. i have an address here but I am not legally a resident. Do I now have to pay a statutory agent or can I do that myself?

thank you and have a great day

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You raise a crucial question about serving as your own statutory agent while on an F1 visa with OPT status. As a non-resident in Ohio, you unfortunately cannot serve as your own statutory agent, since Ohio law requires statutory agents to be legal residents of the state.

Given your visa status and the legal requirements, you'll need to find a registered statutory agent based in Ohio. While this does involve some cost, it's an essential part of properly establishing your LLC and maintaining compliance with state regulations. Many registered agent services offer affordable annual rates, and this expense can typically be deducted as a business cost.

Your plan to generate passive income through the LLC next year sounds promising, but please make sure you're working closely with an immigration attorney to ensure all your business activities align with your F1/OPT visa requirements. It's vital to maintain proper compliance with both business and immigration laws to protect your status and future opportunities.

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