Is switching from the F-1 visa to the EB-5 visa easy? - EB5Investors.com

Is switching from the F-1 visa to the EB-5 visa easy?

As a microbiologist, I plan to study a postgraduate course in the United States next year. However, I have my own business in my home country. Would it be possible to manage my business from the U.S. still while I study? Could I switch to the EB-5 visa after my MSc to opt for a green card and open my business in the U.S.?

Answers

Robert P Gaffney

Robert P Gaffney

EB-5 Immigration attorneys
Answered on

While it may be possible for you to engage in “self-employment” in the U.S. after completion of your studies during a period of authorized “optional practical training”, managing your business in the U.S. without employment authorization would be a violation of your F-1 status.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

F-1 is a status and the EB-5 requires the I-526 petition for the investment and then if the Priority Date is current you can concurrently file the I-485, but it's always best to maintain the underlying status: F-1 – until you at least have the work card.

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