I am on an F-1 visa for a STEM major. I want to set up a business as a direct EB-5 investment. Can I work for my EB-5 company on my F-1 OPT prior to the I-526 approval?
Answers

A Olusanjo Omoniyi
EB-5 Immigration attorneysAn F-1 OPT cannot be used to set up a business and work for the business. Your plan indicates you are trying to use your F-1 OPT for self-employment, which runs contrary to the rules for OPT. Advisably, consult an EB-5 attorney in planning your petition.

Salvatore Picataggio
EB-5 Immigration attorneysProbably yes, up until the expiration of the OPT and provided the employment meets the OPT requirements.

Bernard P Wolfsdorf
EB-5 Immigration attorneysYou can be self-employed during the initial OPT period but not during the extension, so you need to look at other opportunities, including, for example, the E-2 investment visa.

Lynne Feldman
EB-5 Immigration attorneysAs long as the school approves that the work is training in your stem field.

Belma Demirovic Chinchoy
EB-5 Immigration attorneysGenerally, OPT is possible on self-employment. Retain an attorney and they will guide you.


Charles Foster
EB-5 Immigration attorneysYes, if work is related to your field of study and only for the duration of the OPT work authorization.

Karen Weinstock
EB-5 Immigration attorneysYou could potentially work for your own company on F-1 OPT, if your work would be in the same field as your studied and the school approves it.
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.