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  • LLC with F-1 visa

    Hey everyone,

    I'm a non-resident holding a student (F-1) visa. I was thinking to register an LLC in California. I have been working on my university's campus for a while, so I do have a "valid for work only with DHS authorization" SS card.

    Is it possible for me to register an LLC here? If so, can I actually be an employee of my own company, and earn income? Can I use my SSN in process?

    Appreciate your help,
    Alex

  • #2
    Looks like this was answered in the other, similar thread you posted here: http://www.laborlawtalk.com/showthread.php?t=170478

    I agree with the suggestions there that you have more of an immigration issue than an LLC-related one. Start with an immigration attorney first. They'll tell you if, or under what circumstances, you can form an LLC and work for it (single-member LLCs owners are considered self-employed, not employees, and because the single-member LLC is a disregarded entity for federal tax purposes, they report their self-employment income on Form 1040 Schedule C: Profit or Loss From Business).

    Originally posted by IGDark View Post
    Hey everyone,

    I'm a non-resident holding a student (F-1) visa. I was thinking to register an LLC in California. I have been working on my university's campus for a while, so I do have a "valid for work only with DHS authorization" SS card.

    Is it possible for me to register an LLC here? If so, can I actually be an employee of my own company, and earn income? Can I use my SSN in process?

    Appreciate your help,
    Alex
    California Business Lawyer Jonas M. Grant, Esq., Law Office of Jonas M. Grant, P.C., Los Angeles, California
    Postings are general information only; do not constitute legal advice or form an attorney-client relationship; are not updated and thus may be out of date; and should not be relied upon to resolve specific legal issues. For legal advice, retain an attorney in your state. IRS Circular 230 Notice.

    Comment


    • #3
      Originally posted by Calif Business Lawyer View Post
      Looks like this was answered in the other, similar thread you posted here: http://www.laborlawtalk.com/showthread.php?t=170478

      I agree with the suggestions there that you have more of an immigration issue than an LLC-related one. Start with an immigration attorney first. They'll tell you if, or under what circumstances, you can form an LLC and work for it (single-member LLCs owners are considered self-employed, not employees, and because the single-member LLC is a disregarded entity for federal tax purposes, they report their self-employment income on Form 1040 Schedule C: Profit or Loss From Business).
      Thank you for your response! It was very nice of you. I am already trying to find a good immigration attorney in the Los Angeles area. However, I have one more question for you - is it better to organize an LLC by yourself or with a partner for tax purposes?
      Also, a lot of companies specialize on registering businesses in the state of Delaware. Do you think laws are more loyal to immigrants there?

      Comment


      • #4
        I'm not sure I understand your meaning. Whether to have a partner or not would not routinely be a tax-driven question. As a disregarded entity for federal tax purposes, a single-member LLC is taxed in the U.S. as a sole proprietorship, and a multi-member LLC is taxed as a partnership (again, unless corporation tax treatment is elected). If you do have tax issues our concerns, then you should consult with an accountant/CPA, and/or tax attorney.

        What state to form in is something you should discuss with the business attorney you retain to assist with the LLC formation process. Delaware has many advantages, but for a small entity, most of these are duplicated in other states, as well. Just as an LLC isn't the right business entity choice for everyone, Delaware is not the right home state for every LLC or corporation. It has its place, as do competing states.
        California Business Lawyer Jonas M. Grant, Esq., Law Office of Jonas M. Grant, P.C., Los Angeles, California
        Postings are general information only; do not constitute legal advice or form an attorney-client relationship; are not updated and thus may be out of date; and should not be relied upon to resolve specific legal issues. For legal advice, retain an attorney in your state. IRS Circular 230 Notice.

        Comment

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