How can I work in the U.S. while my EB-5 I-526 is being processed? - EB5Investors.com

How can I work in the U.S. while my EB-5 I-526 is being processed?

After I file I-526, and while it is being processed, is there a way to work in the company I invested in (being physically inside the U.S.)? Are there any visas I can request for that?

Answers

Lynne Feldman

Lynne Feldman

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

If you are in a Nonimmigrant status and your priority date is current, you may simultaneously apply to adjust to permanent residency (I485) and with that request an interim work and travel permit.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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

Under the current EB-5 regulation, if you are in the US and file your EB-5 petition, you can stay in the country while your petition is being processed. Along with your EB-5 petition, you can also file Form I-765,
Application for Employment Authorization Document (EAD) which will allow you to work. However, since the company you invested in is supposed to create a minimum of 10 jobs as a result of your investment, the general rule is that you will not be counted as an employee of the company you invested in. Advisably, obtain your EAD, but look for a job with a different employer.

Julia Roussinova

Julia Roussinova

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

When you file I-485 based on an EB-5 petition, you should apply for interim employment authorization and advance parole. When you receive your employment authorization, then you may start working.

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