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What jobs can I apply for with a pending EB-5 application?

I am a college senior on an EB-5 application, with nine months in school and 29 months of OPT (regular and extension combined). Hopefully I can obtain the conditional residency within three years. Although I should have received the residency by the end of the OPT, I wanted to know if I could apply for jobs with no visa sponsorship?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can certainly apply without sponsorship based on your current status, particularly with the OPT. Advisably, consult an immigration attorney on this matter to discuss various suitable options.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You are authorized to work under OPT. A pending I-526 petition for an EB-5 visa will not afford you any work authorization or lawful immigration status. You should maintain a lawful immigration status in the United States in order to adjust to a green card holder upon approval of the I-526 petition. Having a pending I-526 petition and the possibility of a green card upon approval of the I-526 petition may give you a better option to negotiate with potential employers, but it is not a quick process.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Based on your pending EB-5 application, you can only work when you have filed for adjustment of status and your employment authorization has been approved, meaning you have your employment authorization card in your hands.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    With OPT, you have work authorization that will allow you to be employed in the field that you have studied as it is designed to give you an opportunity to get training on the job. Since asking your employer to sponsor you may put a burden on the employer and may limit your choice of employers, having the EB-5 case pending so that you could tell your potential employer that you are expecting to have your green card within 29 months may be helpful.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your I-526 EB-5 petition has been approved and visa numbers are available under the quota prior to the expiration of your OPT, you can file an application for adjustment of status on Form I-485 and obtain work authorization with the appropriate Employment Authorization Document. Otherwise, in order to maintain your status in the United States, you would either have to renew your F-1 student visa by pursuing a higher degree level program or additional studies, or obtaining an interim work authorized visa sponsored by an employer, but that could be difficult to impossible to do.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    If you have not received approval of your EB-5 application, you could apply for H-1B status while still in OPT status.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Three years is ordinarily sufficient; however, unless we have changes in the law, persons subject to the China quota may have to wait longer.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your pending EB-5 application will not result in Work Authorization. However, in your case, you can seek employment under your OPT.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    A pending EB-5 application does not give you status for employment or to stay in the United States. If, after graduation, you are issued an OPT/Employment Authorization Document, you are authorized to work in pursuit of "practical training/work" in the field of your major/degree. You do not need a visa sponsorship to work if you are working under the OPT/EAD.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    While the I-526 petition is pending, there is currently no way to file for adjustment of status and with it, requests for employment authorization. After the I-526 is approved, and assuming you are in the United States under lawful status, you can file to adjust and request temporary employment authorization.

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