Legal Question in Immigration Law in Massachusetts

F-1 student purchase restaurant

I am an F-1 student (master degree) and I am planning to purchase a small fast food / restaurant place. Am I limited to any restrictions being an alien? I have a work authorization permit that I renew yearly. Am I under the risk of loosing my business after my F-1 status expires (after graduation) or can I look at other opportunities such as a work visa (H-1b that would be me applying for myself I guess, is that possible?)

Thanks


Asked on 12/02/03, 2:20 pm

2 Answers from Attorneys

Linda Allen Law Offices of LInda M Allen

Re: F-1 student purchase restaurant

Thank you for your inquiry. You would be eligible to own the restaurant but could not work for nor be paid by the restaraunt as your F student visa (even with OPT) would not allow you to do so. You could apply to change status to an E-2 investor visa, as long as you meet all the criteria for this visa. This way you could be compensated as an employee of your business. You could also possibly qualify for an H-1B visa, although this could prove problematic as you would need to be employed in a specialty occupation, related to your degree and you would have to demonstrate that your new business could pay you the prevailing wage for your position. Please feel free to contact me directly at 619.233.0900 if you have further questions.

Sincerely,

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Answered on 12/02/03, 4:27 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: F-1 student purchase restaurant

As far as your F-1 visa is concerned, or even your OPT practical training, you are not allowed to perform any activity for which an american worker would expect to be paid a salary or wages.

This does not prevent you from buying a restaurant as an investment but could pose problems down the road in being authorized to stay beyond your student visa admission. I recommend planning ahead.

I have extensive experience in the restaurant/hospitality business and I'd be interested in talking to you for a free, no-obligation consultation. If this is of interest to you pls just leave a message and the best time to call and I will try my best to reach you.

Regards,

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Answered on 12/03/03, 5:19 am


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