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Starting a Business in the US: Immigration Issues for Students William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK.

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Presentation on theme: "Starting a Business in the US: Immigration Issues for Students William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK."— Presentation transcript:

1 Starting a Business in the US: Immigration Issues for Students William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite Madison Ave. Suite 1518 Philadelphia, PA New York, NY

2 Klasko, Rulon, Stock & Seltzer, LLP William A. Stock, Esq. William A. Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for nearly 15 years. Bill is featured in The Chambers Global Guide, The Best Lawyers in America, and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA’s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law. Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and currently is an Adjunct Faculty Member at Villanova University School of Law.

3 Klasko, Rulon, Stock & Seltzer, LLP Starting a Business in the US: Issues for International Students Agenda Starting a business in F-1 Status How much work can be done "on campus" Investing in a business Limitations on Volunteering Nonimmigrant Visas for Entrepreneurs Investment-based Permanent Residence

4 Klasko, Rulon, Stock & Seltzer, LLP Starting a Business in F-1 Status Definition of “Employment”: Performing Services in Exchange for Remuneration (such as the expectation of profits) “Self-employment” is still “employment” Drawing Lines regarding “Employment:”  Student sells her car after using it: OK  Student buys a car at auction to sell it at a profit: “employment.”

5 Klasko, Rulon, Stock & Seltzer, LLP Starting a Business in F-1 Status Using “Practical Training” to Start a Business  Curricular Practical Training: Business must be tied to a school project (and ends with the project)  Optional Practical Training: Must be authorized as employment in the field of study, causing difficulty in practice if not law

6 Klasko, Rulon, Stock & Seltzer, LLP “On Campus” Work Up to 20 hours per week while school in session “On campus” definition  Employment BY the university  Employment for on-campus business serving the students (e.g. bookstore, on-campus Starbuck’s)  Must be authorized by school Too-clever ideas:  Running the business out of a dorm room  Web-based or remote work

7 Klasko, Rulon, Stock & Seltzer, LLP Investing in a Business “Investing” is not “employment” “Overseeing Investment” is arguably not “employment” “Providing Services” is not “Investing” Investing in a small business is not different than investing in a big business, but does not normally meet the student’s goal of actively participating in the business.

8 Klasko, Rulon, Stock & Seltzer, LLP Limitations on Volunteering Employer Limitations:  Not Normally a Staff Position  Work actually done must be paid, if “employment”  Unpaid Internships OK, if authorized by school Employee Limitations:  Future payment (or promise of a job) is “remuneration”  Forgoing payment does not turn “employment” into “volunteering”

9 Klasko, Rulon, Stock & Seltzer, LLP F-1 Employment Issues Summary Be Conservative When Planning Your Conduct: Avoid Even Looking Like You Are “Employed” Remember That “I Probably Won’t Get Caught” Does Not Mean “My Employment Is Authorized”

10 Klasko, Rulon, Stock & Seltzer, LLP Visa Options for Entrepreneurs H-1B For Your Own Company  Companies are separate from their owners, and an “owner” can also be an “employee”  Issue of H-1B “cap”  Employment must be in “specialty occupation” (Bach. Degree required for job)  “Small Company” Issue: enough revenue to pay required wage

11 Klasko, Rulon, Stock & Seltzer, LLP Visa Options for Entrepreneurs E-1 Treaty Trader  “Substantial” import or export  Treaty country nationality E-2 Treaty Investor  “Substantial” investment  Treaty country nationality L-1 Intracompany Transferee  Related company (equity ownership)  One year employment overseas  Managerial or specialized knowledge

12 Klasko, Rulon, Stock & Seltzer, LLP Investment-Based Permanent Residence $500,000 or $1,000,000 Own business or regional center New business or expand existing business Create 10 jobs within two years Must document source of funds Conditional residence, petition to become permanent after 2 years

13 Klasko, Rulon, Stock & Seltzer, LLP Questions ?

14 Klasko, Rulon, Stock & Seltzer, LLP For Further Information William A. Stock, Esq. Klasko, Rulon, Stock and Seltzer, LLP (Philadelphia) (New York)


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