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What are the probabilities to transfer my OPT to a B1 visa?

New York, NY |

I want to start my own closing line as a real proper established professional business. I graduate in NYC and I am ready to start. I wrote a business plan, transferred the funds to my NY bank account, a great concept and great people surrounding me. Now, lawyers recommended me not to go for the investor visa. Some lawyers told me that its a lot of work but it is doable with $100,000 but others said that it is very risky because the immigration office that takes care of those visas don't like to give B1 visas. I am confused.

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Attorney answers 3

Best Answer
Posted

Your facts/questions are confusing.

Are you considering an E, or a B visa?

E is possible, if you qualify, but difficult for a start-up.

B is nearly impossible.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

Asker

Posted

Thank you for tour answer. Well I guess I am talking about an E1 then. But I am also confused buti consulted quite a few lawyer and told them about my start up and the have been using both E2 and b1 options. Well I understand now. Why do you think it will be difficult for a start up?

F. J. Capriotti III

F. J. Capriotti III

Posted

When a start-up has nothing more than a 'plan' they look at the track-record of the applicant. From your fact statement, you have only been a student (with OPT) in the US. Did you have substantial business experience before coming to the US? If so, that would help. Don't get me wrong, I've gotten start-up E visas ... but it took a LOT of work.

Asker

Posted

Maybe i was not clear. No i did not say "only". I just said that i graduate from a ny school. I actually started the work on my business and looking for a work studio to rent. So it's a bit more than just a plan. I have other degree in business management and years of experience in sales, marketing, communication and management. Thank you for your answer I will consult with a lawyer tomorrow actually.

F. J. Capriotti III

F. J. Capriotti III

Posted

The degrees are 'nice' .... but the experience is more important. One last 'tip'. I tell my clients to think of US CIS as a banker that you are asking to give you a substantial loan. Make your written 5 year plan realistic and reasonable enough that a banker would take you serious.

Posted

Seek advise of a competent immigration attorney. B-1 is for business travelers, it may not work for you based on the facts you provided.

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Posted

I have done E Visa start ups and your business plan is a key document. I have filed successful E-2 petitions with as little as 35K in investment. (for a service industry start up).

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