4 ms·

Being an international student at a US university you will get 12 months of OPT (Optional Practical Training) once you graduate. It is a free pass which allows

Being an international student at a US university you will get 12 months of OPT (Optional Practical Training) once you graduate. It is a free pass which allows you to work without any restrictions for one year in the same field of your degree. If you have your company registered by the time you graduate, you can use the OPT to work for the same. The OPT can be extended for another 17 months if the company is enrolled in e-verify (free registration with the USCIS). So, you can effectively get 29 months of work authorization without any external help. If you company is successful and generates revenue/raises money in the first ~12 months you can file for your own H1B. I am not a lawyer but talk to the immigration officer at your university and also to a lawyer and you will get more information.

zengr 15y ago
Can an international student (on OPT) file for a company registration? I was on OPT, moved to H1 this month, can I also file for one?
- mdda 15y ago
  Company registration isn't restricted at all. Some state's LLC can be single-person, non-resident filed, after all. The restriction you'll run up against is being employed by the company you form, and having it support your visa. To do it the right way as a solo founder, you need to go the E2 Investor route. It's painful, but doable.
- ramanujam 15y ago
  The FAQ for OPT on US immigration and customs site says a student can start a business and be self employed during the post completion OPT period. http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_0420... (7.2.1, pg 17) As long as it is legitimate and all the legal paper work is done properly, i think it should be fine. Of course, there might be some who register a company just for getting a work authorization and i assume the USCIS will have verifications to make sure you are running a real business and not just a one on paper. zengr, since you have already moved to H1, i don't think it will be applicable for you. I am also on OPT working for a startup and i am moving to H1 shortly.

zengr 15y ago

Can an international student (on OPT) file for a company registration? I was on OPT, moved to H1 this month, can I also file for one?

mdda 15y ago
Company registration isn't restricted at all. Some state's LLC can be single-person, non-resident filed, after all. The restriction you'll run up against is being employed by the company you form, and having it support your visa. To do it the right way as a solo founder, you need to go the E2 Investor route. It's painful, but doable.
ramanujam 15y ago
The FAQ for OPT on US immigration and customs site says a student can start a business and be self employed during the post completion OPT period. http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_0420... (7.2.1, pg 17) As long as it is legitimate and all the legal paper work is done properly, i think it should be fine. Of course, there might be some who register a company just for getting a work authorization and i assume the USCIS will have verifications to make sure you are running a real business and not just a one on paper. zengr, since you have already moved to H1, i don't think it will be applicable for you. I am also on OPT working for a startup and i am moving to H1 shortly.