Question:
How will I do day-to-day management? I am currently on an E-3 visa. I am planning to invest $1.5 million in a new commercial enterprise. What will be my immigration status while my I-526 is under process? As the regulations say, I am supposed to be actively involved in-day-to-day activity for the business. How will that be possible without a valid status?
Answers:
Generally, the “active” requirement is taken to mean that you have a say in the policy of the business, but is not generally interpreted as day-to-day management (though, of course, that would be acceptable). Membership of the board of directors, being a corporate officer, or the rights and duties of a member of the LLC or limited partner of a limited partnership would be acceptable. Regardless, this managerial role is understood to begin once you are accepted as a member of the new commercial enterprise, which may be upon filing or approval of the I-526 petition.
As an Australian and American EB-5 attorney we have represented Australians in a similar situation as yours.We will need to analyze your situation with answers to more questions ,and develop a strategy so that you may invest and manage the project while you are in legal stratus.
We already have a suggested approach.