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Can You Do Business in USA on your current Visa?

Can You Do Business In the USA on Your Current Visa?

Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.

You can post comments and questions on immigration.com. I usually respond within three or four days, sometimes a week. I’m going to answer one of the questions someone asked us on immigration.com.

Can I start a business on an H-1 visa?

The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. It must be a true employer/employee relationship. How does that work? What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. USCIS has indicated that is their present stance. You must have an employer/employee relationship if you want to be able to start your own business on H-1.

In addition to that, remember H-1 is for a specific employer. So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.

Where does that leave us? There’s a whole history behind this H-1. I won’t go through the history. USCIS has gone up and down. “You can do it.” “You cannot do it.” There is a whole history behind this. But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. Make sure you are not getting into a situation which is going to hurt your stance.

Here is another question I get asked.

I have an EAD through 485. Can I now start my business?

Sure. On the side, you can, as long as you don’t leave your current job. But, remember, you will then no longer be on H-1. You will be on EAD if you start working for your own company.

I actually have a whole list of visas.

Can I do business on E-2?

Yes, of course. E-2 visas, which are treaty investor visas, are meant to do business. E-1, treaty trader, the same thing. But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.

If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?

The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. B-1, which is the business visa, is a misnomer. You start thinking, I have business visa; maybe I can start a business. But you can’t do it on B-1.

Can I start a business on F-1 visa?

Of course not. You are a student.

What if I am on my optional practical training and I have my F-1 EAD?

Maybe, but only for the time you have the EAD. Again, that is something to be explored. Don’t just jump into it. Make sure you understand the ramifications of what you’re doing.

What about on a G visa?

On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. They cannot do business, but what about their dependents? I haven’t looked into it specifically. I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. I’m just speaking off the top of my head. I was primarily answering the H-1 question, but I want to share with you what I know. So, G-4, probably yes.

H-4? Absolutely not.

H-1? As long as you can be fired.

I visa? No.

J-2 visa? Yes, as long as you have an EAD.

K visa? K visas are all work authorized, so, yes, you can do business.

L-1? No, because you’re working for a company.

L-2? Yes, because you get an EAD.

M Visa? No.

I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.

Thank you for listening.

Changes to Visa Validity for Iranian Student Applicants in F, J, and M Visa Categories

Submitted by Editor on May 30th 2011

Media Note Office of the Spokesman Washington, DC
May 20, 2011

[Also available in Persian]

As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.

This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government’s increasing censorship and isolation of its own people.

Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.

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Memo from DOS on J, F, M Visas - 2009 February

Submitted by Rajiv S. Khanna on May 21st 2009

Reference Document: STATE 017314, Date 2/09

TO ALL DIPLOMATIC AND CONSULAR POSTS

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Updated List of SEVP Approved Schools

Submitted by Editor on May 6th 2009

ICE updated its list of Student and Exchange Visitor Program approved schools.

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M Visa
ICE

M Visa Law

Submitted by admin on Apr 7th 2009

8 CFR Sec. 214.2(m) Students in established vocational or other recognized nonacademic institutions, other than in language training programs

(1) Admission of student
(i) Eligibility for admission . A nonimmigrant student may be admitted into the United States in nonimmigrant status under section 101(a)(15)(M) of the Act, if: (Paragraph (m)(1)(i) revised effective 1/1/03; 67 FR 76256 )

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M Visa

M Visa Services and Fees

Submitted by admin on Feb 11th 2009

Please see this link or contact your university for fee information.

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M Visa Processing times & status checks

Submitted by admin on Feb 11th 2009

Processing Times

USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center

Status Checks

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M Visa

Student Visa Overview

Submitted by admin on Feb 9th 2009

Student Visa Overview

The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.

B Visa—Visitation for Short Course of Study

If you are going to the U.S. primarily for tourism, but want to take a short course of study of less than 18 hours per week, you may be able to do so with a visitor visa (B Visa), which is easier to obtain than a student visa. You should inquire at the appropriate U.S. Embassy or Consulate. However, if your course of study is more than 18 hours a week, you will need a student visa.

For more information about the B Visa for temporary visitation, click here.

There are four main types of student visas:

F Visa—Academic Studies

The F-1 Visa is for nonimmigrants wishing to pursue academic studies and/or language training programs and enrolled in a school in the U.S. F-2 Visas are available for family members of F-1 Visa holders.

For more information, click on F Visa on the left.

M Visa—Vocational Studies

The M-1 Visa is for nonimmigrants wishing to pursue nonacademic or vocational studies. M-2 Visas are for family members of M-1 Visa holders.

For more information, click on M Visa on the left.

H-3 Visa—Training and Special Education Exchange

The H-3 Visa is for individuals seeking non-medical education and non-graduate training not available in their country and individuals participating in a special education exchange program. H-4 Visas are available for family members of H-3 Visa holders.

For more information, click on H-3 Visa on the left.

J Visa—Exchange Visitor Program

The J-1 Visa is for individuals who wish to participate in an Exchange Visitor Program designated by the U.S. Bureau of Education and Cultural Affairs. J-2 Visas are for family members of J-1 Visa holders.

For more information, click on J Visa on the left.

Apply Early

In most countries, first time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas. Students should consult Embassy web sites or call for specific application instructions.

Keep in mind that June, July, and August are the busiest months in most consular sections, and interview appointments are the most difficult to get during that period. Students need to plan ahead to avoid having to make repeat visits to the Embassy. To the extent possible, students should bring the documents suggested below, as well as any other documents that might help establish their ties to the local community.

Changes introduced shortly after September 11, 2001, involve extensive and ongoing review of visa issuing practices as they relate to our national security. It is important to apply for your visa well in advance of your travel departure date.

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F Visa – What is it?

Submitted by Guest on Feb 2nd 2009

F Visa - What is it?

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M Visa Overview

Submitted by Guest on Feb 2nd 2009

Summary

The Immigration and Nationality Act provides nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies and "J" Visa is reserved for nonimmigrants who wants to participate, and intends to participate, in an exchange visitor program designated by the Bureau of Education and Cultural Affairs.

If you are going to the U.S. primarily for tourism, but want to take a short course of study of less than 18 hours per week, you may be able to do so on a visitor visa. You should inquire at the appropriate U.S. Embassy or Consulate. If your course of study is more than 18 hours a week, you will need a student visa.

Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they relate to our national security. It is important to apply for your visa well in advance of your travel departure date.

M-Vocational Students Requirements

Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria:

The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program;
The school must be approved by U.S. Citizenship and Immigration Services (USCIS);
The student must be enrolled as a full-time student at the institution;
The student must be proficient in English or be enrolled in courses leading to English proficiency;
The student must have sufficient funds available for self-support during the entire proposed course of study; and
The student must maintain a residence abroad which he/she has no intention of giving up.

All applicants for a student visa must provide:

Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students.You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school.You and your school official must sign the I-20 form. All students, as well as their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (F/M-2 visa holders). Your school is responsible for entering your information for the I-20 student visa form into SEVIS. Students will also have to pay an SEVIS I-901 fee for each program of study. Questions regarding your exchange program should be directly to your program sponsor;
A completed application, Nonimmigrant Visa Applicant, Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156.
An interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, a quick, two-digit, ink-free fingerprint scan will be taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.
A passport valid for at least six months after your proposed date of entry into the United States. One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements; A MRV fee receipt to show payment of the visa application fee, a visa issuance fee if applicable (Please consult the Visa Reciprocity Table ) and a separate SEVIS I-901 fee receipt.While all F visa applicants must pay the MRV fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee.