OPT to E-2

[Moriton1]

Greetings! My husband is currently doing his OPT. During his OPT, we started a business (sole proprietorship). We are trying to keep our legal status. Here are the options we are planning:
1. My husband is applying for a second degree which is F-1. Would it be possible he keeps his business running while he studies? He would just manage the business without office hours, let's say as a consultant? And we are hoping it would be considered like an investment. We have 2 US citizen employees.
2. Or would it be possible if we apply for E-2 visa right now? We are hoping already earned profit would be considered like an investment.
3. Or would it be possible if my husband apply for H visa for himself?

Thank you

 

[GotPR?]

Greetings! My husband is currently doing his OPT. During his OPT, we started a business (sole proprietorship). We are trying to keep our legal status. Here are the options we are planning:
1. My husband is applying for a second degree which is F-1. Would it be possible he keeps his business running while he studies? He would just manage the business without office hours, let's say as a consultant? And we are hoping it would be considered like an investment. We have 2 US citizen employees.
2. Or would it be possible if we apply for E-2 visa right now? We are hoping already earned profit would be considered like an investment.
3. Or would it be possible if my husband apply for H visa for himself?

Thank you

1. if he "just managed the business", it is not considered passive. It requires appropriate visa to do that.
2. That is the best option.
3. if he is running the business, H1 may not work. E visa is the best option if you are from the country that has E-visa treaty with the US.