4 ms·

I lived in the US for 7 years, did both degrees there and worked in between. Thoroughly familiar with the immigration system. The short answer is, without mak

I lived in the US for 7 years, did both degrees there and worked in between. Thoroughly familiar with the immigration system. The short answer is, without making a 'large' investment (i.e. $500K min) + showing that you can provide at least 10 jobs in 2 years - you have a steep climb to be able to stay in the US. That being said, anyone can register a company - from any country. You can have the company in the US, register a bank account, get a tax ID, pay taxes, etc....but unless you are doing a certain amount of business and creating at least 10 jobs, you can't actually live here. People will say you can register a company on a student visa (F1), that's BS. Don't do it. You might not get caught immediately, but it violates the intent of the student visa - which is a 'non-immigrant student visa'. i.e. you have no intention of staying in the US. You are just there to work. The same applies to H1-B, and other work visas. All of those visas are non-immigrant visas, which means you don't intend to migrate to the US permanently. Some people have successfully started a company on F1, but if you ever get audited by the US Immigration service, there is a very high probability that you will get deported. All of that being said, don't worry about it. You can travel to the US on a visitors visa, or a business visa, for a few months (for e.g. to participate in YC), and then go home - while still having your company operating in the US. Once you are big enough, if you sell to a large company, like Facebook or Google or something, they can do an internal transfer (I believe it is a J-visa). Also, there are paths to a green card (family, marriage, or investment) that given your situation the best would probably be investment once your company grows enough for you to open an office in the US. All of that being said, make sure to see an immigration attorney and get good advice. But more importantly, read the various requirements for yourself - from the links others have posted here. Some attorneys might tell you they can get you a green card through an F1 or H1-B....make sure you know your stuff, and be suspicious. I have many friends that have told me that they have spoken to attorneys that assure them they can start a company on an F1 visa. I have spent hundreds of dollars and visited at least 4 different attorneys (including a past immigration judge) and they all tell me the same thing. By doing that, you violate the intent of the law.

ehsanul 16y ago
About starting a business on F1: you can do it if you're on OPT and got your EAD card. Being self-employed is noted as one way to keep your status as an F1 with OPT (as 90 days unemployment means you're out of status), besides getting a job or volunteering. I'm doing that now myself, after talking to my international student advisors and a couple lawyers. Thing is, the business MUST be in a field related to what you studied on your F1 visa, which is severely limiting. As for the green card, DO NOT apply for it during your F1, as that's a non-immigrant single-intent visa. Your purpose is to study and leave. However, the H1-B has a well-established route to a green card (after you work for 6 years or something), as it is a dual-intent visa. I'm not sure about particulars, but I know many go through this route successfully. No reason to be suspicious about this if a lawyer mentions it.
- marcamillion 16y ago
  That's definitely wrong. I can guarantee you, if the USCIS finds that you have registered a company on your F1, they will likely cancel your visa. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b... Employment F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have studying for one academic year. These three types of employment are: Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) Optional Practical Training is for you to get a job in your field. That's it. Not start a company. Edit: Ok...I take that back. You can't do it, if you want to stay in the good graces of USCIS and stay in the US. If you don't mind being deported...then you most definitely can. Nothing is stopping you - once you have an SSN.
  - eduardo_f 16y ago
    Wrong. Read the OPT Policy Guidance, section 7.2.1: All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program. For students who are not on a 17-month extension, this employment may include: (...) Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.

ehsanul 16y ago

About starting a business on F1: you can do it if you're on OPT and got your EAD card. Being self-employed is noted as one way to keep your status as an F1 with OPT (as 90 days unemployment means you're out of status), besides getting a job or volunteering. I'm doing that now myself, after talking to my international student advisors and a couple lawyers. Thing is, the business MUST be in a field related to what you studied on your F1 visa, which is severely limiting. As for the green card, DO NOT apply for it during your F1, as that's a non-immigrant single-intent visa. Your purpose is to study and leave. However, the H1-B has a well-established route to a green card (after you work for 6 years or something), as it is a dual-intent visa. I'm not sure about particulars, but I know many go through this route successfully. No reason to be suspicious about this if a lawyer mentions it.

marcamillion 16y ago
That's definitely wrong. I can guarantee you, if the USCIS finds that you have registered a company on your F1, they will likely cancel your visa. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b... Employment F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have studying for one academic year. These three types of employment are: Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) Optional Practical Training is for you to get a job in your field. That's it. Not start a company. Edit: Ok...I take that back. You can't do it, if you want to stay in the good graces of USCIS and stay in the US. If you don't mind being deported...then you most definitely can. Nothing is stopping you - once you have an SSN.
- eduardo_f 16y ago
  Wrong. Read the OPT Policy Guidance, section 7.2.1: All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program. For students who are not on a 17-month extension, this employment may include: (...) Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.