Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am under F-1 visa now. I am going to graduate this may but…

Hi, my name is...

Hi, my name is ***** ***** am under F-1 visa now. I am going to graduate this may but I am very interested to start a small business rather than get a job. Is it possible to do so? Thanks in advance!

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No, I am on F-1

Lawyer's Assistant: Have you talked to a lawyer yet?

No, this is my first step

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If possible what type of visa should I change to start a business?

Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
3/8/2018
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,125
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified

Good afternoon. I am a legal expert attorney who will assist you today.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you and Good afternoon you too.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background. F-1 visas are reserved for international immigrants who wish to pursue their college education in the United States. As part of the F-1 requirements, holders are not allowed to work outside their college institution. Once they’re closer to graduation however, they can take part in the Curriculum Practical Training (CPT) program or the Optional Practical Training (OPT) program.

Immigration law prevents you as an F-1 students from getting involved in any job relating to the “operation of a company” or “engaging in business” of any type with the company; therefore, sole proprietorship is not an option while under an F-1 status.

This also means, the F-1 visa holder cannot volunteer their time or assistance in their new venture, especially if their new business is a “for-profit” company. Volunteering their services for their company can put their F-1 visa in jeopardy.

Aside from preliminary planning, the F-1 visa holder can neither run nor work as an employee for their business in any capacity. They will have to rely on other workers / partners who can legally work in the United States to get the business up and running.

There are several options that may be available for you to stay in the US after graduation, but not necessarily start your own company

OPT – Optional Practical Training: Optional Practical Training (OPT) is an immigration option for recently graduated F-1 Visa students. Basically, it is temporary employment authorization. Keep in mind that your employment must be related to your F-1 topic of study.

The OPT must be approved by your school. While you’re in F-1 status, there are two ways that you can work in off-campus jobs: OPT and CPT. (If you don’t know what these are, check out my post from last week.) OPT is the only student work authorization that allows you to start and work for your own business, and can be started after you have been in F-1 status for at least one academic year.

Every F-1 student is granted 12 months of full-time OPT per educational level. This can normally be used in full-time or part-time increments, where two months of part-time OPT = one month of full-time OPT. Students who are working for themselves, however, must work full-time. Students in STEM fields are eligible for an extension of a further 17 months, for a total of 29 months.

While on OPT, a student can found and work for his own company. The rules are fairly simple–you must have any business licenses required by your state, you must be working full-time, and the majority of work you will be doing must be related to your major field of study. If you are able to utilize the 17-month STEM extension, there is one more requirement: you must register your company for the E-Verify program.

When your OPT ends, however, you will no longer be able to work in your business unless you have found an alternative means of work authorization.

Graduates may apply to receive up to one year of OPT employment authorization. If you studied certain science, technology, engineering, and math (STEM) fields, you may also apply for a two-year extension of your OPT for a total of three years.

Ouside of the above you can also obtain the following.

H-1B Specialty Occupations: The H-1B is a nonimmigrant visa that gives graduates temporary employment authorization in high-skilled occupations. H-1B applicants are required to have specialized knowledge and a bachelor’s degree or higher or its equivalent. Most H-1B jobs are in industries such as science, engineering, and information technology.

E-1/E-2 Treaty Trader and Investor: The E-1 visa is a treaty trader visa. This visa is for graduates who come from countries with a treaty of commerce with the U.S.. Immigrants should have “substantial” trade in goods between the U.S. and his/her home country.

The E-2 visa is also for those who are from countries that have a treaty of commerce with the U.S.. Applicants for this visa must have invested, or are actively in the process of investing, a “substantial” amount of capital in a U.S-based company.

L-1 Intracompany Transferee Visa: The L-1 is a nonimmigrant visa. It is for graduates who get jobs outside of the U.S. and are transferred to the U.S. It also allows a foreign company to move an executive or manager to the United States to establish a U.S. office.

I hope this helps. Please let me know if you have more questions.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. We as attorneys are not employees of Just Answer and are not paid unless you rate the question.

After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,125
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
KLAW and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,125
2,125 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

KLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Employee leaves medical billing firm. Joins client and then
Employee leaves medical billing firm. Joins client and then client fires medical billing firm and hires employee to do the job. Can you insert a non solicit term for this? I know non competes are ille… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
481 satisfied customers
Can an employer in a retail store prevent an employee from
Can an employer in a retail store prevent an employee from having a water bottle and drinking water during the course of the work day? … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I work in a small office and there is a male employee that
I work in a small office and there is a male employee that has been seen on multiple occasions putting his hand down his pants, which has made female employees feel uncomfortable. From what I understa… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,837 satisfied customers
Is an employer allowed to terminate an employee when they
is an employer allowed to terminate an employee when they are out on disability after a certain amount of time? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
In Utah is a non compete legal if the employee was not
In Utah is a non compete legal if the employee was not provided an opportunity to request amendments to the document? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
A former employee signed a contract with a cleaning company.
A former employee signed a contract with a cleaning company. They are not performing to our satisfaction and we are terminating then. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I have an employee that is good at his job. For the second
I have an employee that is good at his job. For the second time since he's been here. He has not shown up for work without a call and not able to reach him. Am I able to set up an escrow with him. Say… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If an employee (i.e., fire Sprinkler fitter, 10 years'
If an employee (i.e., fire Sprinkler fitter, 10 years' experience) causes thousands of dollars of damage while performing his job duties, can the employer hold him responsible for the damages. The job… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
What type of penalty is it for an employee of a company with
What type of penalty is it for an employee of a company with regards ***** ***** fraud? Does it fall back in the company or employee? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
In California, What is required of an employee to be
In California, What is required of an employee to be eligible to qualify for Temporary Total Disability benefits?… read more
Edward Young
Edward Young
Juris Doctor
333 satisfied customers
I am a federal employee with an employee relations issue,
I am a federal employee with an employee relations issue, and I don't know where to go for help. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
If an employer uses a temp service for employee, and the
if an employer uses a temp service for employee, and the contract with the temp service requires the the employer must use the temp workers 90 days before the Employer can hire them, who is required u… read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
Is there a way to inform an employer of an employee that has
Is there a way to inform an employer of an employee that has done terrible things during work but technically not at work (but on the clock) when you yourself are not an employee and remain unknown to… read more
Bill Attorney
Bill Attorney
law
2,010 satisfied customers
In Texas, if an employee receives traffic tickets for
Second opinion] In Texas, if an employee receives traffic tickets for speeding in a company car, who is liable to pay the fine under the law?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If an owner of a company is also an officer and employee and
If an owner of a company is also an officer and employee and the company pays a portion of it's employees health insurance does the owner pay the full amount of the health insurance premium the same a… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
Does a employee sign a form once he is employeed stating he
does a employee sign a form once he is employeed stating he has a disability and if he does not and returns from a mental institution and is fired base on information that is provided on the release f… read more
Bill Attorney
Bill Attorney
law
2,010 satisfied customers
I currently have an EIN under a sole proprietorship, but I
Hi there, I currently have an EIN under a sole proprietorship, but I have changed the business to an LLC. What do I need to do? Also, I am opening another business and I don't know if I will need to g… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,817 satisfied customers
We are a sole proprietorship business. We are struggling
Hi, we are a sole proprietorship business. We are struggling financially at the moment. We have a personal loan from a friend of 25000$ without a contract. We have over 200 orders that were secured wi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
298 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x