Openning a business with F1 visa
brainstorm737
I am openning a corporation with my F1 visa. Will INS have any objection
with this ?
My argumentation is :
1) I am just a stockholder of the corporation which I create I will not
have to involve myslef with dayly operations.
2) I am not displacing any worker, I am creating one.
3)I am a business minor.
Thanks for your help.
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Ingo Pakleppa
> I am openning a corporation with my F1 visa. Will INS have any objection
> with this ?
> My argumentation is :
> 1) I am just a stockholder of the corporation which I create I will not
> have to involve myslef with dayly operations.
Good. As soon as you work for that corporation in any form, you would have
an INS problem, but as long as you are strictly an investor, you should be
fine. Attending stockholder meetings is pretty much the only activity you
would be allowed to do for this corporation.
> 2) I am not displacing any worker, I am creating one.
That is irrelevant for INS.
> 3)I am a business minor.
I don't know what that means. Are you talking about your degree? In that
case, it is irrelevant and could potentially be harmful because it might
suggest that your involvement with the company is more than just as
investor.
If this will be a good-sized corporation, you may want to look into an
investment-based visa.
Ingo
Chris Parker
> with this ?
> My argumentation is :
> 1) I am just a stockholder of the corporation which I create I will not
> have to involve myslef with dayly operations.
> 2) I am not displacing any worker, I am creating one.
> 3)I am a business minor.
> Thanks for your help.
Corporation ownership is not a problem. However, any employment with
this corporation, except under a work visa sponsored by the
corporation, will be a problem for the company and for you. Work for
a corporation which you own entirely is not considered self-employment
as it would be under sole proprietorships and partnerships.
You probably would simplify a lot of things for yourself, and also
open up the possibility of a employer-sponsored green card without
needing labor certification, if you create the business in your
country of origin rather than in the U.S. But that may or may not be
feasible for you.
CP
Stuart Brook
>
> > I am openning a corporation with my F1 visa. Will INS have any objection
> > with this ?
> > My argumentation is :
> > 1) I am just a stockholder of the corporation which I create I will not
> > have to involve myslef with dayly operations.
> > 2) I am not displacing any worker, I am creating one.
> > 3)I am a business minor.
> > Thanks for your help.
>
> Corporation ownership is not a problem. However, any employment with
> this corporation, except under a work visa sponsored by the
> corporation, will be a problem for the company and for you. Work for
> a corporation which you own entirely is not considered self-employment
> as it would be under sole proprietorships and partnerships.
Except that you will have to convince the INS that you will ONLY be
performing the duties for which you have a work visa. The INS does
still have a hard job distinguishing your working for your own
corporation from being self employed. If you attempt to follow this
path, you MUST get the assistance of an experienced imm. atty.
brainstorm737
Originally posted by Stuart Brook
Thanks a lot for your advise.
Based on your replies I understand that, if I will only own a part
of stock and not work for the corporation INS will not cause
problems right ?
Just to make sure.
SIncerely, TOm
Stuart Brook
If you are just a shareholder, that's fine, because it's simply an
investment.