What should me my pathway from an E-3 visa to an EB-5 visa when it comes to income generation? - EB5Investors.com

What should me my pathway from an E-3 visa to an EB-5 visa when it comes to income generation?

I am currently in the U.S. on an E-3 visa and I am thinking of applying for a direct investment EB-5 visa. Until my I-526 is approved, can I draw salary from both my current E-3 visa employer and my EB-5 direct investment, or do I need to wait for my I-526 approval to start receiving income from my EB-5 business?

Answers

Michael A Harris, Esq

Michael A Harris, Esq

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

The question seems to be are you going to be employed by your direct EB-5 company, or are you simply drawing passive income as a shareholder? You can only work for your EB-5 company once you have an EAD or work permit, or once you have your green card. Since concurrent filing of adjustment of status (AOS) and the I-526 is permitted, while the AOS is pending a temporary work permit should be issued before the I-526 is approved. If so, that would allow you to work and draw a salary from the direct EB-5 company. Until you have that temporary work permit, you cannot draw a salary from your EB-5 company.

Lynne Feldman

Lynne Feldman

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Answered on

As long as you are not working in the EB-5 investment company, you should not draw a salary (you could perhaps do a concurrent E-3 to work there) but distribution of profits is permissible.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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

The E-3 is an employment visa and it may be better for you to seek an E-2 treaty investors visa before proceeding to apply for an EB-5, unless you use your income to invest in a regional center project which is generally a more favorable option.

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