B-1 (Prospective Investor)

T

TimJJ

Registered Users (C)
I have a B-1 Visa, which I received after initially filing for an Investor Visa. The consulate gave me the B-1 so I could go to the U.S. to secure more contracts and investments for my Investor Visa.

I spent 12 months in the U.S. on the B-1 between Oct. 2010-2011. I have been out of the country for 7 out of the last 12 months and plan on re-entering again at the end of the month.

Do you think that, in a vacuum, there's a good chance that I may run into trouble at the POE? The term "prospective investor Visa" is noted on my B-1, I have $50,000 in savings in a U.S. bank account, and as I mentioned before, I've been out of the country for 7 out of the last 12 months.
 
TimJJ said:
I have a B-1 Visa, which I received after initially filing for an Investor Visa. The consulate gave me the B-1 so I could go to the U.S. to secure more contracts and investments for my Investor Visa.

I spent 12 months in the U.S. on the B-1 between Oct. 2010-2011. I have been out of the country for 7 out of the last 12 months and plan on re-entering again at the end of the month.

Do you think that, in a vacuum, there's a good chance that I may run into trouble at the POE? The term "prospective investor Visa" is noted on my B-1, I have $50,000 in savings in a U.S. bank account, and as I mentioned before, I've been out of the country for 7 out of the last 12 months.
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I don't see any problem.
 
Your situation is not new or unique but use common-sense.

Matter of Lett, 17 I&N Dec. 312 (BIA 1980), Decided by the Board March 18, 1980.


  • Managing one’s own investment by a “qualified investor” will not be deemed “unauthorized employment” that would bar adjustment.
  • Self-employment by an “unqualified investor” may be, and probably will be, construed as unauthorized employment barring adjustment.
  • A Motion to Reopen deportation proceedings must be supported by prima facie evidence of eligibility for the relief sought.


In the instant case, the respondent was also excludable by virtue of a criminal record. He was required to submit a waiver application (I-601) but did not do so. He had a qualifying relative (a USC child) for whom he must demonstrate extreme hardship if he were to be deported. The appeal was DISMISSED, without prejudice to re-filing a properly supported Motion.

Above found at: http://www.justice.gov/eoir/vll/intdec/vol17/2776.pdf
 
TimJJ said:
Mhhh, not sure what to make of that?
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If your business purposes on your B-1 are in support of your EB-5 investment and/or your own commercial enterprise that is generally perfectly acceptable. However, if you have merely filed as a Regional Center affiliated investor and have been working in the U.S. for a wage or salary without proper work authorization, that would not be acceptable.
 
BigJoe5 said:
If your business purposes on your B-1 are in support of your EB-5 investment and/or your own commercial enterprise that is generally perfectly acceptable. However, if you have merely filed as a Regional Center affiliated investor and have been working in the U.S. for a wage or salary without proper work authorization, that would not be acceptable.
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To clarify:

I applied for an E-1 Visa, which is an Investor Visa to start a company in the United States. I've never worked illegally in the U.S., I was given the B-1 by the Consulate to seek further investment opportunities and secure more contracts, before they would approve my E-1 Investor Visa.

Hence me wanting to come back to the U.S. again after a 12-month stay between Oct. 2010 and Oct. 2011. I simply need to re-enter the U.S. to find more investment opportunities and negotiate more contracts, so I can get the E-1 approved.
 
TimJJ said:
To clarify:

I applied for an E-1 Visa, which is an Investor Visa to start a company in the United States. I've never worked illegally in the U.S., I was given the B-1 by the Consulate to seek further investment opportunities and secure more contracts, before they would approve my E-1 Investor Visa.

Hence me wanting to come back to the U.S. again after a 12-month stay between Oct. 2010 and Oct. 2011. I simply need to re-enter the U.S. to find more investment opportunities and negotiate more contracts, so I can get the E-1 approved.
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Good luck in that endeavor. The same basic principle applies in regard to working in the U.S.
 
BigJoe5 said:
Good luck in that endeavor. The same basic principle applies in regard to working in the U.S.
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Thanks, I should be fine then as I'm not going to be working in the U.S. illegally, obviously. Just coming back to seek out investments, do meetings and negotiate contracts.
 
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