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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0.268s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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mulakosag ◴[14 Mar 25 17:23 UTC] No.43364832[source]▶
Hi Peter,

What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it.

How do I even launch my startup if I legally cannot be the owner of it?

replies(1): >>43364883 #
proberts ◴[14 Mar 25 17:28 UTC] No.43364883[source]▶
I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office, talk to an immigration attorney so that you don't misstep.
replies(1): >>43365258 #
1. mulakosag ◴[14 Mar 25 17:57 UTC] No.43365258[source]▶
Thanks Peter for the response. School's DSO seem to be less knowledgeable on the subject matter they are advising on.