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LLC and F1

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  • LLC and F1

    Hi,

    I am a US permanent resident in the process of establishing an limited liability company LLC. I would like to add a student on F1 visa as a member in the LLC. my understanding is that F1 students can be members of LLC but they cannot work for the business. my question is: can an F1 LLC member take a share of the profit? or that would be consider working ?

    thanks.

  • #2
    Hi,

    I am a US permanent resident in the process of establishing an limited liability company LLC. I would like to add a student on F1 visa as a member in the LLC. my understanding is that F1 students can be members of LLC but they cannot work for the business. my question is: can an F1 LLC member take a share of the profit? or that would be consider working ?

    thanks.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jimmy123:
      Hi,

      I am a US permanent resident in the process of establishing an limited liability company LLC. I would like to add a student on F1 visa as a member in the LLC. my understanding is that F1 students can be members of LLC but they cannot work for the business. my question is: can an F1 LLC member take a share of the profit? or that would be consider working ?

      thanks. </div></BLOCKQUOTE>
      How is your LLC taxed? As a sole proprietorship, corporation, or S-Corp? This would depend how you add the F student, if possible.

      If you are adding the F-1 student as an employee, the F-1 student must have USCIS approval to work outside campus.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        First of all, an F-1 student can obtain permission to work, so there is no issue. Just have the student get permission from his foreign student advisor and USCIS. Otherwise he cannot receive wages or renumeration for employment. If he is a partner in the LLC, he can receive profits, but he must be an real active investor, not a front for or an investor in name only.

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