LLC partnership on student visa and then transfer to H1B


I am on F1 visa. I'm done with my masters and am on my OPT. Can I be a partner in an LLC?
What about when I go on H1B.
I'm looking to startup in Texas & California both.

I tried to look for some documentation with regards to my particular visa situation but could not find anything substantial. Any help is appreciated.

Co-Founder LLC Visa USA

asked Mar 7 '13 at 10:10
Diablo Sharma
28 points
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1 Answer


When on H1B - you can be limited partner. I.e.: not an active participant, but just an investor. Notice, that in order to be a limited partner, it has to be a limited partnership (not LLC or "regular" General Partnership). Unless, that is, the partnership/LLC is the one getting you the H1B.

On OPT you can be employed based on your EAD eligibility criteria.

See this answer as well.

This is not a legal advice, and I'm not an attorney. For a definitive answer talk to an immigration attorney.

answered Mar 7 '13 at 10:46
5,090 points
  • thanks for precise and informative answer. – Diablo Sharma 11 years ago
  • @diabloSharma note that "limited partner" is a legal term, not just "oh, I'm not doing anything, so I'm limited". It is similar to "shareholder" for C-Corporation. – Littleadv 11 years ago

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Co-Founder LLC Visa USA