How can I start a business on an EB-5 EAD? - EB5Investors.com

How can I start a business on an EB-5 EAD?

My EB-5 employment authorization document is approved. I am still using my H-1B visa for my job and intend to continue doing so until the I-485 is approved. Can I start a business on the side with my EAD? Are there any limitations preventing me from doing that? I have checked and my H-1B job will not have a problem with my side hustle.

Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can engage in your own business on stand-alone EAD. To maintain H-1B employment terms however, you should continue work for your H-1B employer until I-485 is approved. You may appoint a manager for your own business to run it for you and be an owner and receive distributions.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can use your EAD to start a business but then you are moving off your H-1B. if you close your business, and leave on an advance parole, you may be able to reenter on that H-1B, provided you are only working for the H-1B employer at that time.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Should not be a problem.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can start a business/invest in a company while on an H-1B visa. However, you cannot work for your company/draw a salary (as you can only be employed by your H-1B employer). If you formally use your EAD to work for your own company, you will fall out of H-1B status. You can hire people to run the day-to-day business for you - you can profit off of your equity in your company (as an investment) - you cannot draw salary or work fulltime while on your H-1B visa, however.

Mitch Wexler

Mitch Wexler

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If your objective is to maintain valid H-1B status while your AOS is pending, you can only work for your H-1B petition. Whether launching a business and any relevant activities constitute "work" is a factual matter that you should discuss with experienced counsel. Maybe get a concurrent H-1B petition approved by the new company?

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you have a work permit, you can do any work you wish to do including starting your own business.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.