Q: I'm an Indian Citizen
I’m currently on STEM OPT. I have a job and my employer is enrolled in e-verify program. I file taxes and everything legally. I have a question regarding a new opportunity to open a business in the field of direct sales to distribute Amway products. I will be provided with a registered company and license. I will have to invest an amount from my salary (which has already been taxed), build a customer base, and sell products to them. In return, I will receive the amount I invested back, along with a bonus for selling their products, which will be calculated as 1099 income. I will continue my existing job, but can I also do this business in addition, given my visa status? Please advise.
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A:
As an individual on STEM OPT, your primary focus should be on your job that is directly related to your field of study. Your visa status allows you to work for an employer who is enrolled in the E-Verify program, but any additional work, such as a side business, needs to be carefully considered. While the income from the direct sales business would technically be reported as 1099 income, it still qualifies as self-employment. Self-employment, even if unrelated to your STEM field, can be problematic under the terms of your visa.
The main issue here is that OPT and STEM OPT are work authorizations tied specifically to your field of study and employer. Engaging in a business that is not related to your degree or current job could potentially violate the terms of your visa. Even if your job is legal and you are paying taxes, working for an additional business might lead to complications with immigration authorities.
Before moving forward with the business, it is important to consult with an immigration attorney to ensure that you are fully compliant with the terms of your STEM OPT. They will be able to guide you on how to legally proceed and whether it is safe to pursue this opportunity.
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