Do I need to wait for a business license before I can start working as self-employed on OPT?

[anar9229]

Hello, I would appreciate legal advice regarding my situation. Currently, I'm on my OPT, and I want to develop my app while working as self-employed. As I understand it, I can work as self-employed if I start a business as a sole proprietor, but the process of obtaining a business license in Santa Clara, CA, may take up to 8 weeks. I want to start working on my application now; this is only a development stage without selling a product. I'm wondering if I need to wait for a business license before I can start working as self-employed, or if I can begin working as self-employed while waiting for the license, and will it cause any problems with USCIS?

Thank you

 

[Taxing Matters]

Coding at home isn't something anyone is going to know about or much care about. But I suggest you wait before you do any public testing, marketing, etc, until you have your license and anything else you need before going into business. If you don't have a tax identification number (TIN) — either a SSN or an ITIN — you'll want to get that now as you'll need it for tax purposes.

 

[adjusterjack]

the process of obtaining a business license in Santa Clara, CA, may take up to 8 weeks.

Also take that time to line up the proper insurance for your business.

 

[kimcara94]

I am not a lawyer, but I can offer some general information that might help guide your decision. It's crucial to consult with a legal professional for advice tailored to your specific situation.

When you are on OPT (Optional Practical Training), you are allowed to work for an employer in your field of study, or you can be self-employed and start your own business. However, there are some considerations to keep in mind:

1. **Business License:** While it may take some time to obtain a business license, it's generally advisable to comply with local regulations. Operating without the required licenses could lead to legal issues down the line.

2. **USCIS Compliance:** USCIS (U.S. Citizenship and Immigration Services) expects you to engage in employment directly related to your field of study during your OPT. Starting your own business is allowed, but it should be in your field of study, and you should be able to demonstrate this if asked.

3. **Timing:** If you decide to start working on your app while waiting for the business license, it might be wise to keep detailed records of your activities. This can help you demonstrate to USCIS that you are engaged in work directly related to your field of study.

4. **Consult an Immigration Attorney:** To get accurate and specific advice for your situation, it's highly recommended to consult with an immigration attorney who can provide guidance based on the latest regulations and any potential changes.

Remember, the information provided here is not legal advice, and it's crucial to consult with a professional who can assess your situation comprehensively. They can guide you on the best course of action to remain in compliance with immigration regulations.