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Hi Peter, thanks for doing this AMA. I'm an F-1 CS student starting Post- Completion OPT 07/15/2026 as a solo founder of my CA single-member LLC (disregarded e
by ZechangHe 5mo ago
Hi Peter, thanks for doing this AMA. I'm an F-1 CS student starting Post-
Completion OPT 07/15/2026 as a solo founder of my CA single-member LLC
(disregarded entity), building a real-time AI lecture translation product.
A few areas where I've found USCIS guidance / online sources contradictory
or silent — would love your take on any of these:
1. STEM OPT + self-employment: I've seen the E-Verify employer requirement,
but conflicting takes on whether a solo founder's own LLC enrolling in
E-Verify and W-2'ing the owner is acceptable to USCIS in practice. Is
this a viable path, or has USCIS effectively foreclosed it?
2. The structural conflict: a single-member LLC is a disregarded entity
(IRS doesn't allow owner W-2). But STEM OPT effectively requires W-2.
Should solo founders convert to S-Corp or C-Corp before STEM OPT? When
in the timeline?
3. SEVP Portal reporting for self-employed: what do you actually put for
"Employer Name" — the LLC, or your own name? Any common mistakes here
that trigger DSO/USCIS scrutiny?
4. The "20 hours/week" and "directly related to major" bars for solo
founders pre-revenue: how does USCIS actually evaluate product-building
time vs. business-side time during audits? Any compliance pitfalls
you've seen?
5. International travel during OPT for self-employed: the "employer letter"
requirement when self-employed — do you write it to yourself? Any real
re-entry risks for solo founders, especially F-1 visa renewal abroad?
6. Pre-OPT business activity: I formed the LLC and have been doing
product development before OPT starts (no revenue). Where's the line
between permissible "preparation" vs. unauthorized employment for F-1?
7. Long-term path post-OPT for a solo technical founder (early-stage, no
funding/revenue yet): realistic timelines and success rates for O-1A
vs. EB-2 NIW (Matter of Dhanasar) vs. cap-subject H-1B? When should I
start building the case?
Even partial answers on any of these would be hugely helpful. Thank you!
- bubblethink 5mo agoNot Peter. All your domestic stuff can probably be resolved by a skilled attorney, but travel definitely has risks. You can't do anything if you are denied entry or if your visa renewal is denied. There is virtually no legal recourse.