Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working at tech companies.
“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.
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Dear Sophie,
I am an international student in the US in F-1 status. I am planning to apply for OPT after graduating with a bachelor’s degree in computer science in May. I want to start a startup. Can I do it with OPT? What options do I have after OPT to continue growing my company?
– A forward-looking founder
Dear Forward-Looker,
It’s great to hear that you’re already thinking ahead to your startup founder journey.
Taking this path requires planning and forethought. Consult an immigration attorney for guidance and precautions to take to minimize risks and protect you on the road.
Getting started on OPT
As an F-1 student with an OPT work permit (work permit), you can operate and operate your company. And Be self-employed while you’re working on your degree. You must also be working full-time and have all the proper business licenses your state requires.
You don’t need to wait until you get OPT to set up your company. Under immigration law, establishing your company as a legal entity, soliciting potential investors, or negotiating contracts are not considered work, so you are allowed to do so without an OPT work permit.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
That way, once you’re on OPT, you’ll have a full 12 months to focus on building your startup.
F-1 students may apply for OPT up to 90 days before completing their degree, but no later than 60 days. See this previous Dear Sophie OPT column and contact your university’s DSO (Designated School Officer) for more information.
If you already know that you want to keep your startup in the US and find investors here, then talk to a corporate lawyer to determine how to structure the company. In general, US investors want to deal with Delaware C corporations. Although incorporated in the state of Delaware, your startup can be based in Silicon Valley or anywhere in the US.
