+1-800-997-1228
Questions & Answers

How can the 10 required jobs be created at different locations and qualify for EB-5?

I am a restaurant owner with two locations and I am looking to expand to two more locations with EB-5 investments. Regarding the job-creation requirements in EB-5, how can the 10 jobs be created for different locations of the restaurant?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    This is dependent upon how it was structured. Generally, a holding company should own multiple wholly owned subsidiaries (locations) and funded with EB-5 funds. If the EB-5 investment is based on a TEA designation, then it must qualify for TEA. You should consult an experienced EB-5 immigration attorney and business atttorney to set up the qualifying structure.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Businesses operating in two locations, although owned by the same owner, may present a confusing appearance, as each location can be presumed to be a separate entity. However, if you are operating the two restaurants under one holding company, it would be easier to meet the 10 required jobs by counting the jobs in both restaurants under a single operating company. Advisably, consult an EB-5 attorney on the best steps to address the organization of your business.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If you structure the ownership of the restaurants in one entity that is the job-creating entity and then have the EB-5 investment be with that entity, etc.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Depends on how your project is structured. If you have the NCE as a payroll company, it may be possible. Both locations will have to qualify independently as TEA, though.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    The EB-5 investment should be made though a holding entity that owns the restaurants (which would be funded by the EB-5 funds).

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This must be structured carefully with a single corporate entity owner and preferably should be physically in close location.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the restaurants are under the umbrella of a single new commercial enterprise that wholly owns each location, it may be possible. This requires the assistance of an EB-5 attorney with experience in setting up EB-5 projects.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The ability to create the required 10 jobs that are located in different locations will depend upon a variety of factors, including how the original investment was structured with the job creating entity. At the very least all employees must be employed by the same job creating entity. If the investment was based upon the enterprise being located in a targeted employment area (TEA), then each location where the employees are located must also qualify as being in a TEA.

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.