*For more information, please visit the Campus Services website
Entrepreneurial Activities
U.S. immigration regulations do not clearly define “employment” and never contemplated the new era of entrepreneurs, influencers, and social media. In a time when many students are interested in launching innovative business endeavors, international students must be careful to ensure that they do not unintentionally commit an F-1 or J-1 status violation by working without authorization. As an international student, you can brainstorm ideas, develop a business plan, or register the company, for example, without needing to apply for F-1 or J-1 work authorization. However, you will reach a certain point when F-1 or J-1 work authorization may become necessary.
U.S. immigration law can present many challenges for students in F-1 or J-1 status planning to create a company within the U.S. This requires planning and patience. HIO Advisors can provide advising support based on your Harvard-sponsored visa category for studying and working at Harvard University, including work authorization benefits of these statuses mentioned below. It may also be necessary for you to speak with and retain a U.S. immigration attorney to advise on visa options and strategies.
If you are a student in F-1 or J-1 status working on a start-up, either through one of Harvard’s incubators, another institution’s incubator(s), or on your own, you should contact your HIO Advisor to discuss your plans before finalizing any commitments, strategies, and timelines with other stakeholders. As a student attending Harvard University on a Harvard-sponsored visa, you should carefully review the following information about potential work authorization options:
F-1 Curricular Practical Training (CPT)
Curricular Practical Training is a type of work authorization that can be authorized if the work is "an integral part of an established curriculum" and "directly related to the student's major area of study." CPT is defined as "alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school." To be eligible for CPT, you would need to be provided with training through an employer, and you must meet your Harvard school or college’s academic requirements for CPT authorization. In most situations, working for yourself or on your start-up without some other kind of corresponding academic enrollment would not be possible for CPT. For additional information, please consult your HIO Advisor.
F-1 Optional Practical Training (OPT)
Optional Practical Training (OPT) is another work authorization available to F-1 students. OPT does not need to be part of an established curriculum, but it must be directly related to your academic program of study. OPT is a much more flexible employment authorization than CPT and does allow self-employment or employment through your start-up. Students are eligible for OPT both during their program (pre-completion OPT) and after they graduate (post-completion OPT).
Pre-completion OPT can be an attractive option for students who wish to work on their start-up while enrolled at the university. F-1 students on post-completion OPT may begin working on their start-up after completing an academic program. If you are in a period of post-completion OPT, you may also prepare to transition to the STEM extension (for eligible programs) or other employment-based visa options.
OPT does require an application and application fee to the U.S. Citizenship and Immigration Services (USCIS). Processing times can be inconsistent and may be lengthy, so planning and applying as early as possible is important. The HIO has substantial resources concerning the application process available on our website. You are encouraged to contact your HIO Advisor to discuss your OPT eligibility and to manage work authorization options.
Students who utilize OPT for entrepreneurial pursuits should keep meticulous records about employment (including but not limited to):
- Business licenses showing you as an employer;
- Federal Employer Identification Number (EIN);
- Proof that you are actively engaged in the business;
- Letters of employment documenting your title, duties, location, pay rate (if applicable);
- Bank account information for your business;
- Proof that the business is related to the student’s (your) degree program.
F-1- STEM OPT
If you graduated from a qualifying academic program, you may be eligible to apply for STEM OPT which grants an additional 24 months of OPT beyond the initial 12-month period of post-completion OPT (described above). There are many more specific requirements for both the student and employer that must be met for you to retain STEM eligibility. A comprehensive overview of all STEM OPT extension requirements is available on our F-1 STEM OPT website. Further details are also provided in the STEM FAQs.
For any work done on STEM OPT, there must be a “bona-fide” employer/employee relationship outlined on the Form I-983 Training Plan. Form I-983 should document how your employer and supervisor will provide you with training during the STEM OPT period. Your employer must have hiring and firing authority relative to you and your position. Students wishing to use STEM OPT to work on their own start-up should consult with an attorney about structuring the company in such a way as to allow STEM employment. Please provide a copy of any documentation to the HIO as part of your STEM OPT application as we will want to keep it on file for compliance purposes. It also represents a key component of your own immigration record, and you should maintain detailed records for yourself as well.
Students on STEM OPT must be paid as much as “similarly situated” U.S. employees. It is not possible to only work for equity while on the STEM OPT Extension. Your company should be familiar with Department of Labor laws and minimum wage requirements of the state in which you will work. It is important to familiarize yourself with STEM OPT requirements and reporting obligations that apply to employers as well. You will need to work at least 20 hours per week and payment should be reflected accordingly.
Often students will report to a U.S. citizen or legal permanent resident co-founder who will complete and sign the I-983 training plan.
Your supervisor should not be another student on a sponsored visa.
J-1 Academic Training
Academic Training is the work authorization associated with the J-1 student categories. Self-employment is not possible on Academic Training. The Department of State has provided guidance that a training supervisor is required, and the visa sponsor must evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program." [ 22 CFR 62.23(f)(6) ].
Work visas (H-1B, L-1, TN, etc.)
The HIO does not advise on employer sponsorship for non-Harvard employees. Generally, there is an employer/employee component that serves as the foundation for employment-based visas. As a result, self-employment in one of these statuses must be discussed with an immigration attorney who can advise on eligibility, processes, and the filing timelines associated with these visa types.
How would anyone know if I work on my start-up?
Government agencies have become more savvy regarding social media and internet searches, and it is especially important that your visa-based employment authorizations align with your employment activities. Failure to obtain proper work authorization while participating in employment activities could jeopardize future U.S. immigration benefits, including as H-1B, TN, E-3, O-1, or L-1 sponsorship and legal permanent residency, etc.
- Social media handles are requested as part of the DS-160 application for a non-immigrant visa.
- Any online postings of the following can be easily reviewed by consular officers:
- CV/ resume, LinkedIn page, etc.
- Company websites with job titles
- Corporate incorporation documents stating titles that are included in public records at the local, state, or federal level. This also includes the Corporate Transparency Act, Beneficial Ownership Information.
Attorney Assistance
Partnering with an immigration attorney can be an important and critical step in creating a business. You will want to be in touch with someone early to help you realize your plan and how your immigration status intersects with your business model. You may also need to consult with a corporate attorney regarding the creation of a business.
The HIO hosted an informational session focused on entrepreneurship with immigration attorney Mary E. Walsh, a partner at Iandoli Desai & Cronin, P.C. which is a firm specializing in U.S. immigration law. This session is an educational resource, and addresses questions such as: What should non-immigrant students and academics know about launching a business at various stages of their immigration journey? What activities count as U.S. employment? What options exist for work authorization both in the short-term and longer-term alternatives?
The HIO is happy to provide our immigration attorney referral sheet for those interested.