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I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More 
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answered on Mar 10, 2025
It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More
I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More
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answered on Mar 10, 2025
Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More
A 29-year-old female wants to move to the U.S. to be with her U.S. citizen partner without marrying. What types of visas would allow for a long-term stay? Her previous visa application in 2017 was denied, and she has never visited the U.S. before.
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answered on Feb 24, 2025
One option may be an investor visa like E-2 or EB-5. The E-2 is available to nationals from certain countries and allows people to stay in the US long term even with a small investment (eg. $100K). There are about 80 countries on the list. One green card option would be an EB-5 if you could invest... View More
I am on an F1 visa and have been engaging in day trading with a cash account since last year. I executed around 300 trades and earned approximately $900. I've recently learned that day trading might be a violation of my visa status. I have not received any notice from the authorities, but I... View More
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answered on Feb 24, 2025
If you are managing your own funds, it is unlikely that this could rise to the level of work. As such, it is likely not a status violation. This would be different if you were managing money for other people and or being paid for your activities.
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