Can I do business on my U.S. visa?

As such, the U.S. does not have any specific visa category for international entrepreneurs.

Any individual wishing to take up any entrepreneurial activity in the U.S. will have to work their way around the existing visas. Depending upon the individual circumstances and situations, any of the available options can be chosen.

U.S. immigration laws do not allow foreign nationals to take up activities that are inconsistent with the visa issued to them.

When you are in the U.S. on any particular visa, you will be expected to spend the majority of your time in the U.S. engaged in the precise activities for which the via was issued.

Even if you have been granted work authorization, you should avoid indulging in activities outside the scope of the employment that you have been authorized to take up as per your visa.

Keep in mind that for the purposes of immigration, the term “employment” is used to refer to a relationship wherein an individual is paid for the labour or services that he provides.

Remuneration given in lieu of services or labour provided can be either –

• Food
• Clothing
• Housing
• Or other benefits.

If any service or remuneration is accepted without a proper work authorization, it can lead to a violation of your visa status in the U.S.

What you can and cannot do on your visa where it comes to “employment”, is not very clear to begin with. While there is little case law to go by, even the existing laws do not shed much light in the matter.

Nevertheless, there are certain guideposts in the matter that can come to your aid if you are a foreign national in the U.S.

Even if you are not being paid, it is still technically an “employment”

Even if the remuneration paid is in the form of benefits, such as – food, gifts, housing, future profits, equity etc. – it is still an employment.

Self-employment also needs employment authorization

Many people mistakenly assume that being self-employed, they do not need a work authorization. This is far from the truth. You do require work authorization even if you are self-employed.

Be very clear as to the specific activities

Important questions to ask yourself are –

• What task will I be performing?
• How many employees are engaged at the concerned enterprise?
• How many hours will I be spending?
• How many hours are the other employees spending?
• What are the tasks that the other employees are engaged in?

Volunteering is not the solution

Keep in mind that you cannot volunteer for work that a genuine employee would have done had you not volunteered for the same.

Investing is fine, as long as you do not actively take part

You can invest as a passive partner in a business if your ultimate aim is an E-2, H-1B, L-1, O-1, or any other entrepreneurial solution.

You do not need a specific USCIS work authorization for investing in the U.S.

All things said and done, if you are an international entrepreneur, meticulous advance planning and creative solutions built around expert immigration advice can prove to be of greatest use.

Y-Axis offers a wide range of visa and immigration services as well as products to the aspiring overseas immigrants including Y-Path for Working Professionals and Job Seeker and Y-International Resume.

If you are looking to Migrate, Study, Work, Visit, Invest Overseas, talk to Y-Axis, the World’s No. 1 Immigration & Visa Company.

If you found this blog engaging, you may also like…

Where do the world’s millionaires migrate?