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Assess if you can start now—visa rules, employer contracts, and financial runway.
Immigration timing and restrictions
The most important rule: Passive Ownership vs. Active Work. The Reality: In 2026, you can legally own 100% of a U.S. company (LLC or C-Corp) on almost any visa (F-1, H-1B, etc.). However, you cannot work for it (writing code, selling to customers, managing daily tasks)
Review employer contracts
If you're building a startup while employed, check your IP clause. Most U.S. contracts say the company owns everything you create while employed. Non-competes may also restrict you. Read your PIIIA carefully—if it's too broad, work on your startup only on your own equipment, time, and off-site.
Calculate financial runway
Runway = (Personal Savings + Business Capital) / Monthly Burn Rate. As an immigrant, your burn rate is higher due to health insurance ($400-600/month) and visa legal fees ($5,000-10,000). Aim for 18 months of runway before quitting your day job. Ask yourself: 'If this business earns zero for 12 months, will I be okay?'