Question:
I am a PhD student at Arizona State University and I am looking to start a company on my own. Currently I am under F1 visa category, will I be able to raise my own company under this visa or do I need to get sponsored for H1B visa or green card.
Answer:
We are not lawyers and do not provide legal advice. So the opinion stated below should not be considered as such.
USCIS does not restrict starting a company on F1 or H1b or GC. However if you are a student, your opt or cpt should be authorized appropriately so that you can work for the company you own. Appropriate work authorization is tricky in this situation.
Starting a company on H1b is also tricky. H1b is usually tied to one employer. If you already have a H1b, you can start and own a company but cannot work for it with the same H1b. You will need a second H1b to work for your company. Alternatively, you can own part of the company and the other partner (who has a GC or is a citizen) who works for the company can hire you by sponsoring a H1b.
A photocopy certification is a notarized document signed by you before a notary. The document generally says that “Copies of documents submitted are exact photocopies of unaltered original documents, and I understand that it may be required to submit original documents to an immigration or consular officer at a later date.”
WASHINGTON, April 3, 2009 — U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.
The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9.
The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.
USCIS also updated the Handbook for Employers – Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9.
