Starting a Business as an International Student (2024)

By KP Rhee | November 11, 2013

Starting a business in the United States requires a lot of legal documentation. Starting a business as an international student is even harder as visa requirements are complex. In order to help students who face this issue, Steven R. London from Pepper Hamilton, and Lesley Hauser from O’Neill & Hauser P.C. hosted a panel on what to consider when starting a venture as an international student in the United States. This blog post is meant to be a recap of what was discussed. If you are an international student entrepreneur, make sure to seek legal counsel.

Starting a Business as an International Student (1)

Most international students enter the country with a F-1 visa. With a F-1 visa, one can own a business. However the business cannot be operating, meaning no revenue or salary to the owner whom with F-1 Visa. In this case, the entrepreneur has two options. One is to use Optional Practical Training (OPT) or acquire H-1B visa, which most of people choose to do.

OPT is granted to both undergraduate and graduates students after at least a year of studying in order for them to pursue jobs that are related to their study. OPT is effective for 12 months. Although it is a relatively easy way to practice, there are several drawbacks if you are an entrepreneur. First, it only lasts for a year. After that time, one must leave the country. Second, OPT has to be related to the most recent degree that one acquired. If you are master student you cannot relate the job to your undergrad degree.

Starting a business with OPT is not sustainable so many people choose to acquire H-1B visa. H-1B visa allows foreigners to work for three years, extendable to six years. People with H-1B visas either extend their visa or transfer to green card after certain time period. However, H-1B visas have strict application process. Below are criteria for H-1B Visa:

  • You need bona fide employer/employee relationship
  • You cannot sponsor yourself
  • You cannot have majority ownership of the company
  • Employer must pay prevailing wage and agree to labor condition attestation

Once you have a visa to legally work in the United States, the next step is to decide what type of company your venture should be. Each type of formation has pros and cons so one should consider the proper form regarding liability of owners and managers, centralization and flexibility of management, ownership interests, cost of formation and maintenance, and tax consequences.

Legal work may seem overwhelming when preparing a startup in the United States as a foreigner, but it is no impossible. If you see an opportunity that you want to pursue, review what you legal implications there may be, seek legal advice, and execute step by step.

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Posted in Babson Entrepreneurs

Tagged Babson entrepreneurs, Blank Center, Butler Venture Accelerator, H-1B, International students, Lesley Hauser, O'Neill&Hauser P.C., OPT, Pepper Hamilton, Steven R. London

Starting a Business as an International Student (2024)

FAQs

Can I open a business as an international student? ›

Conclusion. Although the legal work involved in starting a business as an international student may seem overwhelming, it is certainly possible. If you are thinking about starting your own business as an international student, seize the idea, do the research and ask for professional advice.

Can an international student open an LLC in the US? ›

Regardless of your status, you can own shares or membership interest in any US company (as long as its not S-Corporation). That means you can own an LLC or Corporation, as an example, and run your online business using this entity.

Can an international student be a member of an LLC? ›

Yes. Typically, there are no restrictions on who can own and form LLCs in the United States. This means that citizens of other countries can create, own and be a member of a U.S.-based LLC. They do not need to be U.S. citizens.

Can F-1 students be self-employed? ›

During the first year of school on an F1 visa, you can not engage in freelance work. You can engage only in on campus work, as outlined above. After the first year of school, you can use OPT in order to perform freelance or self-employment work that is directly related to your field of study.

Can a F1 visa student start a business? ›

The answer is that F-1 status permits a number of business activities that do not constitute “work.” For example, a student on an F-1 visa is generally permitted, without having work authorization, to incorporate a corporation or form a limited liability company (LLC), to negotiate and sign a commercial lease agreement ...

Can I do a startup in USA as international student? ›

OPT allows F-1 students to work temporarily for one full year either before or after graduation in a job that relates to their college major. You can work for your startup on CPT or OPT as long as your role and company fit within the CPT and OPT guidelines.

How to change F1 visa to business visa? ›

Required Documents For Change of Status From F 1 to H1B visa

The only form you must use to change your status from F1 to H-1B is Form I-129. Also, an authorized individual, usually the one in charge of hiring new employees within the company petitioning for your H-1B visa, must sign this form.

Can I get a US visa if I own LLC? ›

You can start and own a US company without a visa, and without even coming to the US. Managing a business entity, such as an LLC or corporation, from outside the US is allowed, but may be not be permitted within the US without a valid work visa.

Can you run a business on a student visa? ›

And yes, you can open a business on a student visa! What is the formula for entrepreneurial success? Academy of Entrepreneurs interviewed over 1000+ entrepreneurs, from 100+ industries and 50+ countries to answer this BIG question. Step one towards entrepreneurial success is connecting one's passion with strengths.

Can F-1 students invest in real estate? ›

Yes. A foreign national in an F1 program is not restricted when purchasing a property in the United States. You just need enough cash on hand to purchase a house and cover your educational costs as a student.

Can I change my status from F-1 to e2? ›

If you are applying for a Change of Status, then your E-2 Change of status petition has to be received by USCIS before your F-1 status expires (this means anytime while you are working on an OPT or within the 60 day grace period after you finish working).

Can an F-1 holder buy a house? ›

Can someone from abroad on an F1 (student) visa buy a house in the U.S.? You would be surprised to know that it is possible. No law prohibits an international student from buying a house.

Can USCIS track illegal work? ›

If the unlawful job involves filing a tax document like a Form 1099, the USCIS may find out through your income tax. While this is the jurisdiction of the IRS, the USCIS can simply request the information from them.

Can F-1 student with SSN work off campus? ›

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT)

Can international students work DoorDash? ›

Delivering with DoorDash is an excellent opportunity for both Domestic and International students to make some extra cash. As an International student, you're eligible to work up to 20 hours per week while enrolled in a University program.

Can I legally work in the US with F1 visa? ›

Yes. However, the F-1 student's total work hours for all jobs cannot exceed 20 hours during the school term. The F-1 student may work full-time during those periods when school is not in session or during the student's annual break.

Can a F-1 student apply for a green card? ›

Yes, F1 students can apply for a green card. At the time of applying for an F1 student visa, the student agreed they would return to their home country after schooling, but life events or circ*mstances change.

Can I start a non profit on F1 visa? ›

Yes. As long as you have a Social Security number or an international tax identification number (ITIN), you can start a nonprofit organization. Thus, even non-US citizens living abroad can start a nonprofit organization in the United States.

Can I stay in USA if I start a business? ›

– The Verdict. US law does not restrain foreign citizens or non-US residents from owning a business in the country. Accordingly, as long as they meet the basic tax and administrative requirements, foreigners can form a US company from scratch or purchase an existing business.

How do international students make money in USA? ›

Here Are Top 5 Ideas To Earn Money Online As An International Student In The US:
  • Content Writing. Do you have a knack for storytelling? ...
  • Tutoring Online. As a student, you would be proficient with one subject, skill, or domain. ...
  • Stock Market Trading. ...
  • E-commerce Shop. ...
  • Paid Surveys. ...
  • Hospitality. ...
  • Tour Guide. ...
  • Babysitting.
Feb 15, 2022

Is it hard for international students to get a job in USA? ›

Finding a job or internship with no work experience is difficult for anyone in the U.S., but it's especially difficult for international students. Many international students do not have any professional contacts in the U.S., and they face additional barriers to employment such as language and cultural differences.

Can f1 visa be converted to H-1B? ›

The employer submits applications to the U.S. Department of Labor and U.S. Citizenship and Immigration Services (USCIS) to demonstrate that the employer, position, and employee meet the criteria for H-1B status. If the employee is in the U.S., a change of status from F-1 to H-1B within the U.S. may be possible.

Can I own a business in the US with a B1 B2 visa? ›

Basically, an individual in B1/B2 status can take steps towards starting a business in the USA but cannot manage the operations of that business or run the day-to-day operations while in the United States without a visa that gives them a right to work.

How long does it take to change from F-1 to j1 status? ›

To change your status to J-1 student status while remaining in the U.S., you must submit an application to U.S. Citizenship and Immigration Services (USCIS). This process may take 3-6 months or longer, so plan accordingly. ISPO recommends that you start this process at least 6 months before your current status expires.

Can I get a green card if I own a business in the US? ›

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they: Make the necessary investment in a commercial enterprise in the United States; and.

Can you get green card through LLC? ›

Can you get a green card by opening a business? Yes, you can with an immigration path called the EB-5 Immigrant Investor Program. The minimum amount of capital required to invest is $1,050,000 (on or after 3/15/22).

Can I get a US visa if I buy a business? ›

Purchasing an Existing Business in the U.S.

The purchase of a ready-made business, subject to its compliance with the requirements of the immigration office, allows you to apply for L-1 visa or E-2 nonimmigrant visas, as well as to get EB immigrant visas.

What visa allows you to own a business? ›

' There is a special visa called the E2 visa that allows somebody to operate their own business in the U.S. The E2 visa requires you to invest a substantial amount of money in a business in the United States. You can start a business from scratch, or you can purchase an existing business for the E2 visa.

Can you make money on a student visa USA? ›

Can I make money by cash jobs while in the US on a F1 Visa or OPT? Any income that you do without any record or without reporting to the IRS is considered illegal. Irrespective of that, you must report all your income while on F1 Visa or OPT. Cash jobs are not allowed when you are in the country as a student.

Who is eligible for US business visa? ›

You must demonstrate the following in order to be eligible for a B-1 visa: The purpose of your trip is to enter the United States for business of a legitimate nature. You plan to remain for a specific limited period of time. You have sufficient funds to cover the expenses of the trip and your stay in the United States.

Can F-1 students invest in Robinhood? ›

Can F1 students invest in Robinhood? F1 students can invest money in Robinhood, as well as other trading platforms. However, as of May 2022, there are sanctions by the Office of Foreign Assets Control for U.S. Citizens under the Patriot Act prohibiting investing by permanent residents and citizens of certain countries.

Can an F-1 student get a loan? ›

Can Students with an F-1 Visa Get a Personal Loan? If you are an F-1 student, you can get a personal loan like F-1 Visa loan, but isn't necessarily an easy process. One difficulty may be your credit score. It is likely you haven't been in the U.S. long enough to build up a good credit score (or even an average one).

Can an F-1 student buy lottery? ›

Technically you can. Part of your requirement for an F1 visa is that you have no intent to immigrate permanently to the US. But if you apply for the diversity lottery, you're clearly proving intent to immigrate, because it's for a permanent GreenCard.

What happens if you fall out of F-1 status? ›

When an F-1/M-1 SEVIS record is terminated, the following happens: Student loses all on- and/or off-campus employment authorization. Student cannot re-enter the United States on the terminated SEVIS record. Immigration and Customs Enforcement (ICE) agents may investigate to confirm the departure of the student.

How many years does it take to get green card from E2 visa? ›

If you have a child who is a US citizen it could be as little as 12 months but if it is a sibling the application process could take up to 10 years. Other factors such as your nationality can impact on the time it takes to process your application.

Can I own a house on F1 visa? ›

In general, non-immigrants in the United States (such as international students and scholars) enjoy the same constitutional protections as U.S. citizens do. However, non-immigrants are subject to immigration laws that do not apply to citizens. Non-immigrants can own property (land and buildings) if they wish to.

Can we buy house in USA without green card? ›

Yes, it is possible for a non-permanent resident to buy a house in the United States. Mortgage approval odds generally depend on the lender, type of mortgage, income status and whether the non-permanent resident can prove their intent for long-term residency.

How can I get a green card in USA without marriage? ›

This is one way that someone can qualify for a green card.
...
Even without marriage, you may be able to get a green card if:
  1. You are an unmarried child of a United States citizen under the age of 21.
  2. You are a parent of a citizen over the age of 21 years old.
  3. You are a widow or a widower of a United States citizen.
Jan 21, 2023

Does immigration look at your phone? ›

U.S. immigration officers have broad authority to search travelers' luggage and belongings when they enter the United States. That authority extends to cellphones, laptop computers, and tablets.

How do I report a F-1 student working illegally? ›

USCIS Tip Form
  1. Instead, report these tips to Immigration and Customs Enforcement through the toll-free Homeland Security Investigations (HSI) Line, 866-347-2423, or use the HSI Tip Form.
  2. You may also report human trafficking tips by calling the National Human Trafficking Hotline at 888-373-7888.

Does USCIS forgive unauthorized work? ›

Foreign nationals who engage in unauthorized employment can face serious consequences, including deportation. While officials may in select cases forgive unauthorized work, it is best not to take the risk even if you don't plan on pursuing permanent residency or citizenship in the U.S.

What happens to F-1 visa after graduation? ›

Upon Program Completion

Once you complete your program of study and any authorized period of practical training, F students have 60 days after completion of your program (the program end date on your Form I-20) to leave the United States.

What happens if you get caught working on F-1 visa? ›

Simply committing an "employment violation" automatically throws you out of lawful F-1 status. Once you are out of status, you will need to file an application for reinstatement to get back into proper F-1 status (covered below)—or face possibly accruing unlawful presence in the United States.

Does a F-1 student require sponsorship for employment? ›

Does the hiring employer need to sponsor an international student? No, not initially. The most common type of student visa (F-1) allows for an initial 12 months of full-time work authorization. This is called Optional Practical Training (OPT) and is a direct benefit of the student's current F-1 visa status.

Can I work as an Uber as an international student? ›

You must be a US resident or have an appropriate work permit to be legally employed in the United States. You should have a US driver's license issued at least a year ago. For drivers under 23 years, the license must be at least 3 years old.

Can I do Uber eats as an international student in USA? ›

Foreign nationals must have a status of residence that allows them to work as a Delivery Partner for Uber Eats. Please be sure to submit your ID and proof of permission to work.

Can international students work at a restaurant? ›

Or you can work on a job in your industry, if you are going through the curricular practical training program (CPT). Other than that, you can't work on the side. You can't have a side hustle. You can't be working at a restaurant.

Can an international open a business in us? ›

Nonresidents who form a U.S. business can capture this market while also taking advantage of the lower tax rates and enhanced legal protections. Neither citizenship nor residency is required to start a small business in the United States and the formation process is a lot easier than one might expect.

Are international students allowed to invest? ›

In general, immigration laws allow an international student on an F1 visa to invest in the stock market. Thus, F1 students can invest in stocks and day-trade.

Can I start a business with a work permit in USA? ›

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.

Can international students open a non profit? ›

As long as you have a Social Security number or an international tax identification number (ITIN), you can start a nonprofit organization. Thus, even non-US citizens living abroad can start a nonprofit organization in the United States.

Can I get a green card if I start a business? ›

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they: Make the necessary investment in a commercial enterprise in the United States; and.

Do I need a green card to start a business? ›

Generally, foreigners do not need a green card to own a business or to be listed as a corporate officer or director of a U.S. company and earn profits from it, provided they pay taxes.

Can you start a business in the US without a visa? ›

You can start and own a US company without a visa, and without even coming to the US. Managing a business entity, such as an LLC or corporation, from outside the US is allowed, but may be not be permitted within the US without a valid work visa.

Can a F1 visa student invest in stocks? ›

The answer is yes; F1 visa holders can invest in the stock market. There are several reasons why investing in the stock market may be a good idea for F1 visa holders.

How can international students make money legally? ›

Here Are Top 5 Ideas To Earn Money Online As An International Student In The US:
  1. Content Writing. Do you have a knack for storytelling? ...
  2. Tutoring Online. As a student, you would be proficient with one subject, skill, or domain. ...
  3. Stock Market Trading. ...
  4. E-commerce Shop. ...
  5. Paid Surveys. ...
  6. Hospitality. ...
  7. Tour Guide. ...
  8. Babysitting.
Feb 15, 2022

How can F-1 students make passive income? ›

Legal Ways to Earn Passive Income
  1. Renting Out a Room. This is the most common way for you to generate income abroad as a foreign student. ...
  2. Investing. ...
  3. Writing Manuscripts and the Like. ...
  4. Entering Competitions. ...
  5. Volunteering.

Can I become a US citizen if I own a business? ›

You can use a registered agent service to register your business with an address in the state you are filing in. Starting, buying, or owning a business in the USA does not automatically change your citizenship status, but a green card is not required to begin.

Can I go to USA to start a business? ›

In U.S. every state has its own laws and regulations for registration of a business. You can register anywhere. However, the state of Delaware and Nevada are considered to be the most foreign friendly. The laws are pretty relaxing for non-residents who want to start their business in U.S.

Can I do unpaid work on F1 visa? ›

An international student may need proper F-1 or J-1 work authorization even for unpaid work. Only if the work is properly "volunteer" unpaid work under DOL rules can the international student perform the work without proper work authorization.

Can F-1 students work for international organizations? ›

This F-1 employment benefit allows F-1 students to work for recognized international organizations within the meaning of the International Organization Immunities Act [59 Stat. 669]. A student is eligible as soon as they is in F-1 status – there is no waiting period.

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