Can F-1 student have equity in a C-Corporation (startup)?

[FlyingRon]

I'm still not seeing it any differently. He said he's "volunteering" but he's assisting them in starting the company. He's not just transferring some intellectual property (which even then may still be considered income), he's participating in the startup. Anything he's given in exchange for that is income, and illegal under immigration law (and probably FLSA and tax law).

Note that you "graduating" soon means little. You might get some OPT eligibility at the end of your study, but it still needs prior approval. If you are supposed to be an ongoing participant in the company while in the US, you'd better get the company and yourself to an attorney. You're violating your existing visa and while a different sort of visa may allow you to work for htem in the future, that option may be closed to you when they find out you are doing illegal things on your F-1.

 

[LdiJ]

I'm still not seeing it any differently. He said he's "volunteering" but he's assisting them in starting the company. He's not just transferring some intellectual property (which even then may still be considered income), he's participating in the startup. Anything he's given in exchange for that is income, and illegal under immigration law (and probably FLSA and tax law).

Note that you "graduating" soon means little. You might get some OPT eligibility at the end of your study, but it still needs prior approval. If you are supposed to be an ongoing participant in the company while in the US, you'd better get the company and yourself to an attorney. You're violating your existing visa and while a different sort of visa may allow you to work for htem in the future, that option may be closed to you when they find out you are doing illegal things on your F-1.

Well, I agree that he needs to consult an immigration attorney...however this is looking more and more to me like a collaborative piece of intellectual property.

 

[mykhailo]

Well, I agree that he needs to consult an immigration attorney...however this is looking more and more to me like a collaborative piece of intellectual property.

Thank you very much. That is exactly what I am going to do then.