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If I apply for EB-5 visa through USCIS regional center, Can I still establish my private business? do i need a work permit !

Irvine, CA |

We live outside the U.S and thinking to apply for the EB-5 visa through a USCIS regional center.
Husband, Wife and two two children.

Attorney Answers 5


  1. Until you receive your conditional residence through the EB-5 program you will need a non-immigrant status to operate your private business such as an L-1A or E-2.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. Once your conditional green card is issued based on the EB-5 investment, then you can establish another business in the U.S. and work for it. Your green card is your work permit in that case. But before that, you will need a different work-authorized nonimmigrant visa if you want to work in the U.S. before obtaining a green card. You can establish a business in the U.S. even without being in the U.S., but you can't work for that business in the U.S. until you have authorization to work.


  3. Yes, you need work authorization until your EB5 is approved. There are several options like the E2 investment visa or L1 if your country of nationality doesn't have an E treaty with the U.S. There is a lot to consider here, so def. work with an attorney.


  4. Hi there- dont understand why you would want to invest in a regional center and then get another visa to work for yourself. If you are spending that much money, suggest you look at investor category or a L1 visa (temporary visas) and then obtain a green card (permanent residency) through these categories. You can invest the money in your own business and get a work visa and then a green card through your own business.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  5. Whether you would need to apply for a nonimmigrant work visa depends on where you are in the EB-5 process and/or your timeframe. If you have an I-526 approval (first stage of EB-5) you could use the conditional green card you would receive thereafter as proof of valid work authorization. Consult with an immigration attorney to save time and expense.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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