Starting a company from ground up and 0 investment from my side, I am hoping and I have my plans in line to start a Firm which is capable of employing over 10 US citizens to start with and ideas have a potential of generating over 800 k a year... But I have questions before putting these ideas in play... Is it legal ? for an H1b to try and fly this dream :) ?
You can only work for your h1b sponsor. You cannot get an EB5 unless you invest your money. Speak with an immigration lawyer for more details.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.
The EB-5 is not an option for you unless you invest your own money-either a million or half a million depending upon where the business is located. However, there may be other options for you. As part of the Entrepreneurs in residence initiative, USCIS has announced that H-1B holders can be employed in the company in which they have a stake-provided they meet all eligibility criteria. Depending upon your nationality, you may be eligible for the E visa.
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My colleague Rana Jazayerli has educated me on this, and I can tell there are a lot of moving parts to get something like this off the ground for EB-5s. Your business plan has to be reviewed by CIS, and then you have figure out how the "Regional Center" kicks in or not, as well as whether you're dealing with 10 direct jobs or use of the CIS "multipliers" for the economic effect of the jobs likely to be created.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.
You can start a company and own it, even when you are working in H-1B status for another company, ut you cannot work for the company you start and own unless it files an H-1B petition for you.
If your investment in the new company is zero, then you will not qulaify for EB-5, which requires an investment of at least 500K.
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