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What are the EB-5 visa requirements when purchasing a franchise?

I am an investor looking to immigrate to the United States. If I purchase, for example, a fast food franchise that already employs 14 full-time and 20 part-time employees, would this investment qualify for an EB-5 visa? What are the EB-5 visa requirements when purchasing a franchise?

Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You can certainly purchase a franchise, but keep in mind that you will have to create an additional 10 jobs.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    New commercial enterprises must create at least 10 full-time (35 hours or more a week) jobs. It is possible to maintain pre-existing jobs if you invest in a troubled business; otherwise, you must still create 10 full-time jobs. You will also need to determine if you may purchase a franchise as non-U.S. person.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    With the understanding that the U.S. franchise allows non-U.S. persons to purchase a location (some require franchisees to be U.S. citizens), this particular investment may be considered an existing business, and you would have different job creation/retention requirements. Generally, franchises are becoming popular EB-5 investment vehicles.

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    John J Downey

    Immigration Attorney
    Answered on

    You may have trouble, as the program was set up for new employment.

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    Ed Beshara

    Immigration Attorney
    Answered on

    According to EB-5 regulations and policies, the personal investment in the existing business either has to maintain the jobs or create new jobs.

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    Kevin Michael Reilly

    Immigration Attorney
    Answered on

    The important thing about your investment is that it creates 10 new jobs. Pre-existing jobs usually will not satisfy the job creation condition of the EB-5 green card. Have you considered investing in a regional center?

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