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My question is regarding opening a business on F1 visa. I am currently F1 student.

Columbia, MO |

My question is regarding opening a business on f1 visa. I am currently F1 student. I am planning to open my business with a partner( citizen of USA). I am planning to invest 20% or 50% to the business. As a student, i am not allowed to work but i am eligible to receive dividends. Is it possible to obtain H1 visa to work in my bisiness when i am done with school? Can i work at my own business as a part of OPT program?

Thank you for your help.

Attorney Answers 1

Posted

Invest but not work and receive profits ... VERY TRICKY ... talk to a lawyer

H visa? Highly unlikely .. .unless it is a large business with a good track record of having several other employees.

OPT work? Maybe, talk to your foreign student adviser.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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6 comments

F. J. Capriotti III

F. J. Capriotti III

Posted

PS You should have a paid consultation with an immigration lawyer. You are proposing what we call a "slippery slope."

Asker

Posted

Thank you. I agree it is a "slippery slope" . The business where i am investing employees 2 employees. To qualify for an H1 visa, you need to invest in American business that employees people and you require to invest about $300,000 if i am not mistaken. On the other hand, if you invest 50% - 75 % to the business, you might be able to qualify as a "unique worker" since you have provided a big percentage of a capital. And, my partner is American citizen. I appreciate your help and your advise!!!

F. J. Capriotti III

F. J. Capriotti III

Posted

You are mistaken ... there is no $300,000 rule. You are also mistaken as to this 'unique worker' concept. You really need to pay an attorney for a consultation .... you are greatly mistaken and if you are thinking of spending this much money on an investment ... a consultation with an attorney is a very tiny percentage by comparison. Many of us use Skype .... and even do evening/weekend consultations.

F. J. Capriotti III

F. J. Capriotti III

Posted

PS 2 employees is NOT big enough for H sponsorship ... especially if it is a start-up company.

Asker

Posted

Thank you, i was wrong, i meant $500,000 rule. "You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual." Thank you again!

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, if you have that much money ... plus $50,000 for administrative fees ... plus about $100,000 to $200,000 available for living expenses ... that is a perfectly legal option. Again ... meeting with a lawyer before starting on the investment is a very small expense.

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