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Immigration Issues/Starting a US corporation

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Question
Hi,

Is it legal for a foreign national on a student visa to start a US corporation and get paid through his own corporation, and if so, in what form. Can my own corporation eventually sponsor me for a green card? What would be the requirements?

Thanks,
Simon.

Answer
Hi,

Anyone in any status can be an investor in a company. However, you cannot be employed (and this includes day-to-day management of the company) without specific employment authorization such as, for example, OPT (which you should receive after completing your program of studies in F1 status), or H1B visa status.

The following link from our website is helpful: http://h1b1.com/faq.htm#myself

Although an H1B petition can be successfully filed, the GC process is not recommended through a company which is owned in whole or in part by the sponsored employee, since the GC process requires advertising for U.S. workers, and the Department of Labor is likely to conclude that recruitment for U.S. workers will be biased if the beneficiary of the GC process is an owner of the company, or even if the beneficiary is related to an owner of the company. Information about the GC process is here: www.h1b1.com/laborcert.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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