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How does filing the I-526 affect applying for OPT?

I submitted my I-526 for EB-5 in November 2016. I graduated in December 2016, so I applied for OPT (filed the I-765) a month before I graduated (November 2016). How does applying to EB-5/filing the I-526 influence my OPT application? Will my OPT get denied because of filing the I-526?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be fine. An I-526 and nothing more should not give rise to immigrant intent, but you may get some questions about it.

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    Charles Foster

    Immigration Attorney
    Answered on

    Filing an EB-5 petition on Form I-526 should not impact your Optional Practical Training (OPT) unless you travel abroad. I do not expect your OPT to be denied, but should you travel abroad and need to renew your F-1 student visa or are subject to inspection when you re-enter the United States, the Consular Officer or the CBP Inspector at the airport could question your nonimmigrant intent.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no question on the I-765 Form that asks whether you have filed any immigrant petition, such as the I-526.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, your OPT processing should not be affected by the pending I-526, as long as you have not worked unlawfully or without authorization prior to this point.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    EB-5 should affect your OPT. However, with that said, it is best to consult with your investment immigration attorney, as there can be unknown complexity in your personal situation.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While technically the filing of an immigrant visa petition for a permanent green card can impact the processing of benefits such as OPT or temporary student work authorization, in practice we have not seen denials issued on the basis of the filing of an immigrant visa petition alone. Applying for an F-1 OPT visa abroad, should you need to travel, could be more difficult.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not, as the EB-5 is for a future application - did you request consular processing or adjustment?

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