Legal Question in Immigration Law in New York
Adujusting as self employed
hypothetically speaking, can a person who comes to the US as a visitor, the decides to adjust to self employed after 60 days before I-94 expires, would this prove to be a problem with immigration?
2 Answers from Attorneys
Re: Adujusting as self employed
Generally, an alien who is in the US on a visitor's visa (B-1/B-2) is neither authorized to work for hire nor be self-employed. For example, if an alien on a visitor for pleasure visa (B-2) engages in employment or self-employment, it would definitely constitute a violation of US immigration laws. However, if an alien wants to invest some funds in the US economy and manage this business, said alien may be eligible for investor's visa or investor's green card. Should you wish to retain an immigration attorney for this matter, I would be happy to help you.
Re: Adujusting as self employed
As long as you file an application before the expiration of your I-94 you may depending on your eligibility apply for a nonimmigrant or an immigrant visa petition. If you have B2 you may change to B1 and self petition as an investor as that would change your status and intention from a tourist visitor to business visitor and buy you more time as well.