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by atria 3622 days ago
You want us to render advice that covers several legal specialties which converge between state, federal, tax, business, and immigration law, which if wrong, could result in a denial of a visa and untold aggrivation to your business partners? In addition, you want us to tell you the secret on how to found a company that will become a unicorn?

You are an F-1, so you are forbidden from working as statatory employee (immigration law + employement law), except as OPT. You are forbidden from forming a single-member Sub S corporation (tax law). However, there isn't any reason why you can't act as a sole proprietor or single member LLC (depending on state law regarding LLCs). While this violates the spirit of the law, as long as you declare your income on a Schedule C the IRS (tax law) won't care. You will not be able be an employee of the company, but you should be able to take a draw or distribution. If you go this route, should should reserve 30% of everything you make to pay taxes and be prepared to pay estimated quarterly taxes.

If you plan on holding accounts overseas, you need to find a CPA that understands the requirements for reporting foreign holdings. You really need to be asking a good attorney along with an even better accountant, and be prepared to pay for their advice.