{"id":24990,"date":"2022-10-27T15:14:35","date_gmt":"2022-10-27T15:14:35","guid":{"rendered":"https:\/\/www.interstride.com\/?p=24990"},"modified":"2023-09-09T07:13:27","modified_gmt":"2023-09-09T07:13:27","slug":"immigration-options-for-business-students-entrepreneurs-and-investors","status":"publish","type":"post","link":"https:\/\/interstride.com\/blog\/immigration-options-for-business-students-entrepreneurs-and-investors\/","title":{"rendered":"Immigration options for business students, entrepreneurs, and investors"},"content":{"rendered":"
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This blog post was co-authored by <\/span><\/i>Aaron Blumberg<\/span><\/i><\/a>, Partner & Attorney at <\/span><\/i>Fragomen<\/span><\/i><\/a>. <\/span><\/i>Because most visas in the US require employer sponsorship, there are not a lot of options for business students, entrepreneurs, and investors. To help, Fragomen compiled a guide for aspiring business people on their distinct visa options.<\/span><\/p>\n

What are visa options for business students, entrepreneurs, and investors?<\/b><\/h2>\n

There are two main pathways to work in the US \u2013 permanent immigration through a green card and temporary immigration through a work visa. Both of these paths are available to business owners and investors, but the specific visas that you qualify for will depend on your specific circumstances. Also, keep in mind that if you work for a US business overseas, you do not need a US visa, but you do need a visa if you run an online business while residing in the US. Finally and unfortunately, there is no \u201cEntrepreneur Visa\u201d in the US so we are stuck trying to fit entrepreneurs into visas normally reserved for employees.<\/span><\/p>\n

Nonimmigrant visas for business students, entrepreneurs, and investors<\/b><\/h2>\n

The most common nonimmigrant work visa is the H-1B. This temporary US visa is for working in \u201cspecialty occupations\u201d which require a bachelor\u2019s degree or higher in a specific field of study. H-1B is an employer-sponsored visa for part-time or full-time work. Unfortunately for entrepreneurs, this means you cannot be self-employed on an H-1B. If you are a business owner\/entrepreneur, you may qualify for an H-1B if you have a supervisory body such as a Board of Directors.\u00a0<\/span><\/p>\n

To apply for an H-1B, your US employer must register for the H-1B lottery in March for employment commencing October 1 of that year. There are a limited number of H-1B visas issued per year and due to this, a lottery is held each year to determine who is eligible to receive one of the limited numbers of H-1B visas. Note that you have a higher probability of getting one if you have a master\u2019s or doctoral degree from a university in the US including accredited business schools. The H-1B visa lasts up to six years with the possibility to extend longer if you are seeking permanent residence<\/span>.<\/b><\/p>\n

Visas for business students and recent graduates<\/strong><\/h2>\n

Most international students in the US study under an F-1 visa. One benefit of this visa is that it includes Optional Practical Training (OPT). Using OPT, international students can remain in the US and work a job related to their area of study for up to 12 months after graduation; this includes self-employment. There is also an option to extend OPT for 24 more months for <\/span>certain STEM majors<\/span><\/a> including business statistics and business analytics, but self-employment is no longer an option during the 24 month extension period.<\/span><\/p>\n

The other common visa for international students in the US is a J-1. Students on a J-1 visa can apply for Academic Training with their university\u2019s J-1 advisor. Similar to OPT, Academic Training allows international students to work a job related to their field of study during or after program graduation. Academic training is valid for up to 18 months but cannot exceed the length of the degree program. STEM majors and doctoral students may be able to extend Academic Training to 36 months total.<\/span><\/p>\n

L-1 visa<\/strong><\/h2>\n

L-1 is a work visa for intra-company transferees as it requires one year of employment abroad for a multinational corporation before they can transfer you to the US. After one year of employment abroad, you can transfer to a US branch, affiliate, parent or subsidiary of the same company. This is a great option for entrepreneurs who have already established a business abroad and now want to open a related business in the US.<\/span><\/p>\n

There are two types of L-1 visas:<\/span><\/p>\n