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How much can I be involved in my EB-5 direct investment before I get my EAD?

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?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While 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.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Once 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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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes you can develop (set up) and direct the business, but I would not call it managing as that is work.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You 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.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Under your H-1B status, you are authorized to work only for your H-1B petitioner/sponsor. The proposed activities you described in your question would be considered unauthorized employment because those activities are normally performed by a managerial employee of a company/business. The best option is for your to remain an "investor" only until you receive your EAD. Until then, hire a manager and have him or her run the company for you.