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What kind of investment can I make with a tourist visa?

I am in the U.S. with a tourist visa. I have seen many investment opportunities here, including EB-5. I am wondering if I can participate in any investment activities in the U.S. as a tourist visa holder. If so, will I be able to receive any profit without an account in the U.S.?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Whether you are outside the U.S. or visiting the U.S., you can file your EB-5 petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can participate and file for either EB-5 immigrant visa petition or any other non-immigrant investment-based visa such as E-1/E-2 if your country has E-1/E-2 treaty with the U.S. However, be on notice that due to the fact that most tourist visas are for a short-term duration, you may not be able to stay in the U.S. while your petition is being processed. As a result, while your petition may be filed while in the U.S., you will have to either process your visa from your home country unless you obtain another non-immigrant visa to enter and stay in the U.S. Advisably, consult an EB-5 attorney for necessary guidance, documentation and other filing procedures for all the investment visa options.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Investment is not conditioned-upon visa status. You can make any passive investment. You can also do EB-5, but filing the application alone does not entitle you to stay.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can invest in a business in the USA even if you are here on a tourist visa or even if you are not in the USA. Technically, you are not allowed to work on a tourist visa, merely investing in a business is considered work.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as you qualify from an accreditation standpoint, you can invest in any investment activity with a tourist visa. That said, you cannot be employed or manage the company you are investing in. You can still receive profits from your investment, even if you do not have a U.S. account. Certain special tax considerations apply to foreign citizens without green cards. If you are planning to make such investments, you should consult with an experienced international tax attorney or accountant.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You can invest in a business (for EB-5 purposes or otherwise) while in the U.S. on any visa status (including visitor status), as long as you do not operate it or work for the business during the temporary/non-immigrant status without a work authorization.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    In B-2 tourist status, you can make an investment, but cannot be employed in same and may not be able to extend your B-2 status long enough to remain in the U.S. until your EB-5 petition is approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you may invest and profit but you cannot work in the business without a work visa.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You may make an investment while you are on tourist visa but you cannot work in your investment project. From tax perspective, you will be considered as a foreign investor.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    B-1/2 visa terms do not prevent you from making an investment in the U.S. The way profit distributions are handled depends on the terms of the investment. Not having an account in the U.S. is not an obstacle for receiving profits/funds, but again, these questions need to be answered from the investment's perspective and you should get an independent investment advisor if the terms are not clear to you.

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