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Immigration Issues/F-1 Student and employment

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Question
I am currently an F-1 student and do not have any off campus work authorization. I was wondering if it is ok for me to own some equity in an LLC and derive annual dividend from it. Also, is the dividend supposed to be proportional to my equity in the company or can it be arbitrarily decided by the equity holders.

Answer
Hi,

It is OK to be an investor in a company. However, you should not be involved in day-to-day management of the company as the USCIS may classify this level of activity as employment, which is not authorized in F1 status unless, in limited circumstances, you have OPT or CPT.

Dividend or other investment income, based on above limitations, is fine.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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