I incorporated a Delaware C-Corp during my MBA OPT period — I waited until OPT rather than during active F-1 to be safe. The key advice my immigration attorney gave me: on F-1 you can do everything except get paid by your own company. You can pitch investors, sign contracts, develop the product, recruit co-founders, and even have equity — just take zero salary until you have OPT. Then your company must be E-Verify enrolled for your STEM extension. I met founders who tried to pay themselves tiny amounts during F-1 and it created serious issues during later immigration applications where you must disclose all employment history.

F-1 students may legally incorporate a US company — forming an LLC or C-Corporation is not restricted by immigration status and is not considered employment. Owning equity in a company is also permitted. The legal line is drawn at active employment: if you perform services for the company and receive compensation, that constitutes employment requiring authorization. Specifically, taking a salary as an officer, billing clients for your personal services, or otherwise exchanging labor for compensation without work authorization violates F-1 status. Passive ownership, strategic planning as a non-compensated founder, and receiving equity that vests over time occupy a legal grey area that warrants specific immigration counsel.