I am planning to do a direct investment for EB-5. I am currently on H1b status and am not planning to work in my EB-5 project until I get my EAD. But until then, how much involvement can I show in my business? Can I manage it? Like hiring the staff, signing lease, and checks, etc?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWhile it is clear you can set up a business on a B-1 business visa but not work in it, it is less clear one can do this on an H-1B. The key is to ensure no payment or benefit, which may be hard. Also, look at a current H-1B because upon filing you can work for two employers.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyYou are not allowed to work until you get a green card or work permission. You can own the business, but you are not supposed to "work" in it. Seems stupid, but that is the rule.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes you can develop (set up) and direct the business, but I would not call it managing as that is work.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce you have a work permit, you can do any work you wish, for your investment, or for anything else. The work permit authorizes you to work in the U.S., simple as that.
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