[probablynish]

Hi Peter - I understand that it's possible for recent STEM graduates to be self-employed, or a 1-man C-Corp, for the first year of their post-completion OPT. But in the 2 year STEM extension, it seems that you need a distinct supervisor to fill out I-983.

How do you suggest that a "solo entrepreneur" modify their business structure so that they can continue working on their business projects during the STEM OPT period? I've heard some people say that you need to have US Citizen co-owners of the company who own a majority share; others say that it suffices to have US Citizens on the Board, as this technically gives them the ability to remove you. Is there any such setup that is clearly within the bounds of the STEM OPT program?

Also - are there any other options aside from the STEM OPT extension? In particular, if the individual is from an E2 treaty country, is this the sort of business that could qualify for an E2 visa, or do those businesses have to have the potential to employ US Citizens?

[proberts]

In the end, it's up to the school and they all view this differently but I see the focus as supervision (not ownership) so you need someone, an advisor or board member, who is well educated and experienced in the field who would act as the STEM OPT supervisor/mentor.

[probablynish]

Hi Peter - a followup question if I may. Do you think that this kind of "solo entrepreneur" business model would be a good fit for the E2 visa? In particular, where the individual does not envision employing any other people, nor getting large amounts of VC funding (think more like bootstrapped growth). Or does the E2 visa require more 'scale'?

[proberts]

The E-2 visa really is the entrepreneur visa in the U.S. since the applicant can own the entire business and run it but it does require a "substantial" investment and a good business plan showing that the company will grow and hire U.S. workers over time. "Substantial" is a relative term (depending on the minimum cost to establish and run a particular business) but in practice, the investment must be at least $100k even if the cost to establish and run the business is in fact less.

[probablynish]

Thank you!