The Short Answer
Yes, you can be self-employed on OPT — including as a founder of your own LLC. But the structure has to satisfy a specific test that most people don't know about: the "bona fide employer-employee relationship" test.
What USCIS Actually Looks For
USCIS requires that your OPT employment involve a genuine employer-employee relationship. For self-employment through an LLC, this means:
- The LLC must be a legitimate registered entity with an EIN
- There must be evidence that the LLC controls and directs your work (board resolutions, operating agreements)
- You must be compensated (no unpaid "sweat equity" arrangements during OPT)
- The work must be in your field of study
- You must work 20+ hours per week
The Gray Areas
This gets complicated fast. If you own 100% of the LLC, USCIS may scrutinize whether you're truly acting as an employee vs. just running your own shop. The solution most immigration attorneys recommend: establish a formal board (even a one-person board), write resolutions, pay yourself via payroll (not owner's draw), and document everything.
Before You File
Talk to an immigration attorney before you set up the LLC for OPT purposes. A one-hour consultation (~$300–500) is worth every dollar. The structure you set up in month one will determine whether USCIS has questions in month 12.
OPTionality note: Guillaume set up Gruyters Ventures LLC as his OPT employer on June 15, 2026. He'll document the full process in a future post.