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Startup Visa Options for F-1 International Students
There are several limitations on the F-1 Visa with regards to starting a new venture. F-1 students are not allowed to engage in business practices that is not authorized by the United States Citizenship and Immigration Services (USCIS). F-1 Students can only legally work off-campus through one of three types of off-campus employment: the Curricular Practical Training (CPT), Optional Practical Training (OPT), Science, Technology, Engineering, and Mathematics (STEM) OPT Extension. This limitation presents challenges to international students who want to start their own venture. Under the F-1 visa, it is illegal for an F-1 student to 'engage in business' without proper authorization whether paid or unpaid.

However, as long as work is being done to organize the business without directly working for the business, F-1 students are permitted to start the business in this limited capacity. For example, it is legal to consult with a startup lawyer to register the business as an LLC or to file a product patent. In addition, it is not illegal for an F-1 student to invest and receive dividends from their business venture. This provides a work-around for the inability to be compensated by the startup.

OPT, CPT and OPT STEM-Extension
The F-1 Visa allows the student a 12 month, 17 month or 24 month work authorization after the successful completion of an accredited degree in an accredited college or university. Some work authorizations are open for eligible students based on their completed degree. Most F-1 students who want to start and work for their new venture, take advantage of this work authorization privilege. The only condition for these work authorizations is that the student must find work that is directly relates to their field of study. The student may work for as many or as few hours on the new venture.

H-1 Visa Alternative
After the expiration of the F-1 student's visa and corresponding work authorization, the student has several options to continue working on the new venture. The first and most frequently used visa for F-1 students to obtain work authorization for their startups is the H1-B visa. The H1-B visa is a three year work authorization which is extendable to six years. This visa can be acquired in through a U.S. employer sponsorship or through special cap-exempt programs like the Global Entrepreneur in Residence Program.

The sponsoring U.S. employer may apply a foreign workers for work authorization in specialty occupations. Although the foreign worker is only authorized to work for the sponsoring company, the foreign worker is allowed to be a passive shareholder in the new entity. Similar to the F-1 limitations, the H1-B visa holders cannot take an active role in the business that is for their sponsoring company. However, H1-B visa holders are allowed to hire managers with proper work authorizations to run the business on the H1B visa holder's behalf.

Alternatively, business owners with start-ups which are 'well underway' may qualify for the Global Entrepreneur in Residence. The GEIR program allows international students to work full time on their businesses through a cap-exempt H1-B visa. The main requirement of this program is that the applied business is 'well underway' which means that the venture can generate enough professional work to pursue full-time, has a separate board of directors and can pay the prevailing wage to the founder. Currently, there are seven colleges and universities in the United States that offer this program. These colleges include: Babson College, University of Massachusetts, University of Colorado, University of Missouri, University of Alaska and Alaska Pacific University.

EB-5 Visa Alternative
An F-1 student could also consider the EB-5 visa. The EB-5 visa allows the investor to become a temporary permanent resident who can be directly involved with the venture. The prospective EB-5 investor must meet two conditions: to invest $1 million or $500,000 in certain targeted regional centers and to create at least 10 full-time jobs through the new venture. Through the EB-5 visa, the investor can choose to work for the venture while waiting for a green card or permanent residency.

E-2 Visa Alternative
A special start-up visa, the E-2 visa, is limited to countries that have existing commerce and navigation treaties with the United States. As a result, not all F-1 students are eligible for using this visa. To qualify for this visa, besides being a citizen of a treaty country, the investor must have invested a substantial amount of capital and have at least 51% ownership of the enterprise. Unfortunately, the E2 Visa is a non-immigrant visa and should be renewed every two years. However when the new venture achieves considerable success, it is possible to enroll the venture under the EB-5 visa provided that the investor is able to provide the minimum investment capital and to create at least 10 full-time jobs.

EB-1/ O-1 Visa Alternative
A less known option for international students is the EB-1/ O-1 alternative. This visa is awarded to individuals with 'extraordinary ability' in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Since this visa includes individuals in the field of business, business owners whose ventures have received national or international acclaim are eligible for the EB-1/O-1 visa. However, meeting at least three of the ten qualifications will make an individual eligible for the EB-1/O-1 visa. These qualifications include:


 * 1) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
 * 2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
 * 3) Published materials about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
 * 4) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
 * 5) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
 * 6) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
 * 7) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
 * 8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
 * 9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
 * 10) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.