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I am under OPT status but I want to start a business here in US. What are the legal requirements?

Asked over 2 years ago - Los Angeles, CA

My F1 visa expired and after that I got approved for OPT last August 2009, and I was told that inactivity of that permit (meaning I did not work at all), I have to leave US within 90 days. I am interested on starting a business but I have no knowledge on how and where to start. Also, do I have to go back to my home country to apply for E2 visa or I can just apply now since I am still here in US?Lastly, how long is the processing of E2 visa? I asked the latter for I only have 39 days left within that 90 days period of OPT inactivity and I don't want to break any rules of the immigration.

I hope to hear helpful advices. Thank you in advance!

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Attorney answers (1)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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Self employment is permitted under the OPT rules. You would need to establish your business and be prepared to show you are engaged in the running of it. You may want to discuss your status with the DSO at your school. As for the E-2 status, assuming you are from a "treaty country," you may either apply to USCIS for a change of nonimmigrant status or apply for an E-2 visa at a U.S. consulate abroad. I generally recommend consular processing the E-2 visa because a change of status alone will not provide you with a visa in your passport and you will need to prove E-2 eligibility all over again when you have to travel outside the U.S. The eligibility criteria for E-2 visa status are substantial, so I recommend you consult with an experienced and reputable immigration attorney if you want assistance.

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