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Is It Legal To Sell My Developed Apps On App Store With F1 OPT EAD?

by Qingqing Miao, published: 2013-11-21 20:21 viewed: 183 times
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User Question:

I am a software programmer. I have recently got a full-time job in a company and working for 40 hours.

I have applied for an Apple iOS developer program and they require W-9 tax form to file to receive payments from selling apps and ad revenue. So, is it legal to sell apps on Apple app store on Student F1 visa with OPT work authorization? Do I need to inform USCIS?

I read here that I can form an LLC as a Resident Alien, can I work for my own LLc on F1 OPT work authorization?

How can I go with the further steps?

Answer:

Your OPT EAD is not employer specific and you could work simultaneously for other companies. Self-employment is probably fine as long as it is related to your field even though there may not be a universal agreement on this particular issue.

Based on what you have stated, assuming your degree is related to software engineering, it is probably fine for you to sell your own app. Similarly, setting up your own LLC that does software development and working for it during OPT is probably fine as well.

Just be aware that once your OPT is over, whatever work visa you receive may be employer specific and you may no longer enjoy some of the flexibility F-1 OPT can offer.

The above answer is for information only and does not constitute legal advice.

Answer provided by Qingqing Miao
Ellis, Li & McKinstry PLLC

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