I want to incorporate my web startup but I'm a foreign student. I was wondering what are the options available for me.
Thanks in advance.
Yes, you have the ability to open an LLC but without work authorization you may not be employed.
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
You can incorporate a business but you can undertake no work for the business without the appropriate employment authorization. Incorporating a business can lead into an inquiry into whether you engaged in unauthorized employment. You need to schedule a consultation with an experienced immigration attorney to discuss your goals in more detail.
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You are free to do so as long as you do not draw a salary. See Bhakta v. INS (9th Cir. 1981)
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.