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How can I use my F-1 OPT to work for my own EB-5 company?

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

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    An 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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Probably yes, up until the expiration of the OPT and provided the employment meets the OPT requirements.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as the school approves that the work is training in your stem field.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    You 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.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, if work is related to your field of study and only for the duration of the OPT work authorization.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Under F-1 OPT you can not be self-employed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Generally, OPT is possible on self-employment. Retain an attorney and they will guide you.

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