Two weeks ago I participated in a panel discussion event on start-ups sponsored by TiE Boston. One of the recurring questions from the audience was about a non-immigrant’s eligibility to start a business and/or own shares in a business while maintaining their non-immigrant status. There are no restrictions on non-immigrants wanting to start their own businesses in the U.S. and the business formation process in most cases is fairly quick and straightforward. The mere act of business formation or business partnership doesn’t confer any immigration benefits to a non-immigrant, nor requires any disclosure to USCIS in connection with non-immigrant status maintenance, or status change, or status extension. While any non-immigrant can own property or shares in a U.S. business or can start a business in the U.S. without any implications on non-immigrant status, not any non-immigrant may lawfully work at own business and maintain non-immigrant status without needing to change status to a more appropriate classification. The difference between forming a business or being a partner in a business and working at a business may not be sufficiently clear under the immigration law, but here it actually helps to see things from a common sense perspective. The formation process is not the same as employment in the same way that opening a stock trading account is not the same as using that account to trade stocks full-time or trade stocks for clients. But “what is a definition of ‘working’?” one person asked. There is none. Each non-immigrant status comes with its own set of permissible and non-permissible activities, but the activities are often left undefined. For example, a student on F-1 visa can own shares in a U.S. business or start a U.S.-based business but can’t engage in “unauthorized employment”. So any employment for F-1 student must be “authorized” by USCIS. Thus a student on F-1 visa (unless he or she is on OPT) can’t work at own business without a change to a more appropriate classification, such as E-1/E-2, O-1, L-1, or H1B, for example. In my opinion, whether the activity will be considered “unauthorized employment” or not depends on (1) whether or not the activity interferes with or replaces the primary purpose of this person’s F-1 status; (2) whether or not this activity involves actual provision of goods and/or services. So thinking about providing goods and services and talking about providing goods and services is not the same as actually providing goods and services. Another person on F-1 visa talked about founding his start-up and asked what he should do now. This was a national of a non-treaty eligible country so E-visa was not possible. L-1 visa was not possible because of the absence of a qualifying entity abroad. H1B visa was not possible because he didn’t have his degree, nor possessed any work experience that could be used in lieu of degree. O-1 visa was not possible because this person hasn’t achieved anything in his field yet to qualify under the extraordinary ability classification. “Be cool, stay in school,” was my response. If there are no other options, find other people to work for you while you are pursuing your degree, while the business is still in its early development stages. You may not be able to work at it without interfering with your F-1 status, unless you are on OPT, but others can work for you, until either the business takes off or you have better non-immigrant or immigrant options.