Questions and Answers > Other Eb-5 Questions

How can I register a business in the U.S. with a pending EB-5 application?

I just submitted an EB-5 application. I want to know if I can register a business in the U.S. It will be a U.S. office of my primary business in Africa. I want to find out if I can register this business now or if it will interfere with my EB-5 application.

Answers

• Ed Beshara

  Immigration Attorney

  Answered on November 11, 2019

  You can register a subsidiary business of your business in your home country. However, you need a temporary work visa to direct your U.S. subsidiary business.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 21, 2019

  Registering a business is not a problem. However, working for it and running it in the U.S. needs a work visa.

• BoBi Ahn

  Immigration Attorney

  Answered on October 7, 2019

  You can own/register a business in the U.S. I'm assuming not related to the EB-5 application) while waiting for the EB-5 petition to be processed. As a non-immigrant in the U.S. you may invest in/own business in the U.S.

• Hassan Elkhalil

  Immigration Attorney

  Answered on October 4, 2019

  Your question is not clear. Note, though, that filing for a new entity or getting a permission for a foreign entity to do business in the U.S. does not interfere with your EB-5 visa application.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on October 4, 2019

  Business formation in the U.S. is independent of any immigration petition/application. You need a work authorization to work in the U.S., of course, and the mere filing of an I-526 does not provide such authorization.

• Stephen Berman

  Immigration Attorney

  Answered on October 4, 2019

  Each state has its own laws for business organizations. You can choose how to incorporate or register the business name, according to the laws of the state in which you choose.

• Lynne Feldman

  Immigration Attorney

  Answered on October 4, 2019

  If you are just registering a business and not working there, then there shouldn't be an issue.

• Charles Foster

  Immigration Attorney

  Answered on October 4, 2019

  Yes, you can qualify your African entity to do business in a particular state or set up a subsidiary entity, but you would not necessarily be authorized to work in same.

• Marko Issever

  EB-5 Broker Dealer

  Answered on October 4, 2019

  Foreigners are allowed to own companies in the U.S. as long as they do not manage them and/or work in them. Therefore, as an EB-5 applicant whose application is not yet approved, you would be in the same situation. Once you obtain your conditional green card, you would be allowed to actively participate in this business you plan to register now. That said, registration of companies by foreigners could be subject to separate rules and regulations. You should consult with an immigration attorney as well as a corporate attorney to avoid unintended consequences that could become problematic later on.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 4, 2019

  It is legally acceptable and it won't interfere with your EB-5 petition.