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Comment on Ask HN: How do I legally run a startup in US while on an F1 or H1B visa?

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You can work as an independant contractor or start a company on an OPT, STEM extension and even on a Pre-Completion OPT.

I recommend that you read this policy guidance published by the ICE in 2010.

http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_0420...

It clearly states that:

On page 18.

 Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

 Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.

On page 19

For a student who is on a 17-month extension, this employment may include

 Multiple employers. A student may work for more than one employer, but all employment must be related to his or her degree program and all employers must be enrolled in E-Verify.

 Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

 Self-employed business owner. A student on a 17-month extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program.

Contact me if you are interested in learning more about this topic.

Akshay Bhat (Cornell University)

What happens when my OPT stem extension gets over ? Mine ends in June 2014

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