Legal Question in Immigration Law in California

Re: Is an F-1 student allowed to own a US company?

Yes. You can own a business. Be it an LLC or a Corporation. BUT, you can't work for your business. You can only be the investor. In order for you to work for your company you need to have proper USCIS authorization to work.

If the business you are forming requires a substantial investment you may be able to make a change of status from F-1 student to E-2 investor and still be able to attend your school (so long as you are a national of a country with which the US has a treaty under which you can obtain an E-2 investor visa, your investment can be qualified as a substantial investment and you are essential to the operation of the business).

You may also be able to work for you company as an H-1B specialized occupation worker provided that the position you will be working in requires at least a bachellor's degree or its equivalent, you actually possess such a requiement, a Labor Conditions Application is certified by the Department of Labor, and the change of status is made at a time when H-1B visas are available. As of today, there are no immediately available H-1B visas in general terms. H-1B visas will shorty be available under the new 20,000 visas rule change. Additionally, on October 1st the new fiscal year begins and 65,000 new H-1B visas will become available.

There may be other options available for you. If you are interested we can fully analyze your case to determine what you can and can't do and what options you may have to work for your business.

Best regards,

Antonio Maldonado