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Immigration Issues/Opening a business on O-1

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Question
Hi Ajay,

I'm a composer on O-1 visa, I work for the media company that sponsors my status,
I was wondering if I can start a separate company i.e. publishing company that would deal with music royalties and and other intellectual property matters.

Thank you for your time.

Andre

Answer
Hi,

O-1 visa status is employer specific. Thus, you can be legally employed only by your O-1 employer.

It is OK to be an investor in O-1 status (or any other visa status), but from your email it appears that you will be actively involved in day-to-day management (rather than a passive investor) of the company that you plan on starting. The USCIS is likely to consider this employment with the new company even if you do not actually receive a salary from this new company.

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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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