+1-800-997-1228
Questions & Answers

How can my wife and daughter apply for EB-5 if I am on an L-1 visa?

My wife and daughter wish to invest in a franchise, and both will work full-time in the venture. Does a franchise qualify under the EB-5 program? The funds are owned by my wife and me, and we will gift the funds to our daughter. I am in the United States under an L-1 visa. Will this be an issue for my family as the EB-5 investors?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Franchises may work as EB-5 projects. Gifts may be acceptable sources of funds. Being on an L-1 should not prohibit an EB-5 process from moving forward. With all that said, there is a lot of planning and work that needs to be done to make all this happen as it should, so please consult with an EB-5 immigration attorney for assistance.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Your wife is eligible at any time to file an EB-5 investor petition on Form I-526 based upon a qualifying investment in a franchise whether she is abroad or in the United States with your daughter in L-2 Dependent Intracompany Transferee status. A franchise may qualify under the EB-5 program provided the minimum investment, job creation and other requirements are met. If your daughter is under the age of 21, she would not necessarily have to petition, but could qualify as a dependent of your wife, as could you. Being in the United States in L-1 visa status is not an issue, irrespective of who files the EB-5 investor petition on Form I-526.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The spouse of an L-1 can get a work permit, but not the child. If your daughter is under 21, she may qualify as a derivative of your spouse, and not need her own investment. A franchise can qualify if you have the requisite number of employees and the correct investment amount.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    No, your L-1 will not impact your daughter''s or wife''s EB-5 application. However, I would recommend you immediately consult with your investment immigration attorney, as we have the April 28th sunset looming.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    Your wife and your daughter can invest and apply for an EB-5 visa, but the project has to create 10 jobs per investor. Your wife and daughter would not be counted in those employees.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    They should be fine to do EB-5. If your employer would file for you to get a multinational manager green card, your wife could be included on that (and your daughter if she is under 21 and unmarried).

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, they can file for EB-5 visas, even if you are in the United States as an L-1.

  • Avatar

    Peter Zhang

    Immigration Attorney
    Answered on

    This will not be an issue for you.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, investment in a franchise would qualify under the EB-5 program, as long as the other requirements (minimum capital investment, job creation, etc.) are met. Also note, if your daughter is under 21, she can be included as a derivative beneficiary of your wife''s EB-5 immigrant investor processing. Unless she has aged out (over 21 years old) or there are are other extenuating circumstances, she would not have to separately file as an EB-5 investor. Your L-1 status will not affect their processing. You may also opt to be included as a derivative beneficiary of your wife''s processing for "green card" processing.

  • Avatar

    Abhinav Lohia

    Immigration Attorney
    Answered on

    Generally, a franchise qualifies under the EB-5 program. You may gift the funds to your daughter for EB-5 investment. It is highly unlikely your stay in the United States is impacted by filing an EB-5 visa petition. I recommend seeking legal advice.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.