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Does USCIS place restrictions on the location of new job creation?

I am a restaurant owner with two locations who’s looking to expand with a few more locations using EB-5 capital. Will my investment have to create 10 new job at each location, or can it be multiple? For instance, can I create five jobs at one restaurant and five at another?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This is double if properly structured and locations must qualify for TEA or rural area, if you aim for lower EB-5 investment threshold for investors. You should hire an experienced EB-5 immigration attorney/corporate attorney and business plan writer to create an EB-5-compliant business plan for the project.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The answers to your questions depend on how the legal entity which is the new commercial enterprise and the EB-5 investment are structured.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Doing what you suggest is quite complicated in the EB-5 context. It might be structured to accomplish what you want. You need to sit down with an experienced EB-5 immigration lawyer to see if you can structure a program that will qualify. It is way too complicated to try to analyze it by email.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    It depends on the corporate structure you set up. If it is set right, yes. You can have five at each restaurant.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends how you structure the "project" to include multiple locations within one controlling new commercial enterprise covering a specific geographical area. Setting this up correctly will require the assistance of an EB-5 attorney and team of professionals.

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    Phuong Le

    Immigration Attorney
    Answered on

    You can pool jobs from multiple locations if it's structured correctly. Among other things, each location would also have to be identified and qualify as a TEA as well.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the locations of the restaurants are within the same metro area, it may be allowed. You may wish to work carefully with an EB-5 corporate lawyer and business plan writer to structure the new company in such a way that all the jobs that are created and the paychecks are from a principal location (a headquarters, for example).

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    You can create jobs at multiple locations. In case you are planning to take advantage of lower investment amounts under TEAs, make sure you have certificates for all locations. Also, have a detailed business plan with an investment break-up and job numbers for every location.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Possibly. It depends on how the project is structured.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is possible to have jobs at different locations but the company structure must be key and the type of application must be consistent with the basis for your application. So if you claiming a TEA as a rural area, obviously both entities must be in rural areas.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There are steps that can be taken to achieve your plan. Generally, you will need to form a holding company so as to have the multiple restaurants under a single operating company. Advisably, consult an EB-5 attorney for further planning on how to accomplish your plan.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The new commercial enterprise that you as the EB-5 investor invested the requisite minimum capital must be the one that creates the minimum 10 jobs. So if you invested your money in one restaurant as your vehicle for EB-5 processing, it must be that restaurant that creates the 10 jobs. A way to be able to count the job creation in multiple restaurants (within geographic proximity) that you hold is by creating an entity which owns all the restaurants and hiring the employees through that entity.

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    Charles Foster

    Immigration Attorney
    Answered on

    You may make a new investment of at least $1 million in an entity that has multiple locations that will create at least 10 new jobs for U.S. workers collectively. If you can establish that both locations are in a targeted employment area (TEA), then you would only have to invest $500,000.

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