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How could building a holding company qualify for EB-5?

I want to make a direct investment of $1 million in the U.S. and apply for EB-5. My plan is to purchase several franchises, then establish a holding company to employ 10 or more people to oversee those businesses. My question is, how can I make this a viable method for acquiring an EB-5 visa? What issues could there be?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If a holding company owns all of the franchises as wholly-owned subsidiaries, this structure should qualify for EB-5. You should hire an experienced EB-5 immigration attorney to prepare your case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A new commercial enterprise (NC?) is defined as the job-creating entity and any of its wholly-owned subsidiaries. Therefore, if your holding company is the 100 percent owner of the various franchise businesses, they should qualify together as the NCE. You should consult with an experienced immigration attorney who can advise you on the details.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you have 100% ownership of all the entities, that could work. You will need to have work authorization to manage the restaurants, as the EB-5 process often takes over two years to process just the first phase.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can certainly make a viable. In fact, that is one of the major advantages of creating a holding company. However, to successfully put your plan in operation, you will need a very good Matter of Ho-compliant business plan. The plan must show how you intend to establish the company in a proper ETA jurisdiction that can provide required jobs and meet other EB-5 requirements. Advisably, consult an EB-5 attorney who can help assemble the team of EB-5 professionals to work on your plan.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your plan seems to be a viable one. You should have a consultation appointment with an immigration attorney to discuss the central issues here.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It is possible to create an entity that will be the investment vehicle that employs the requisite 10 employees, etc. However, you need to also make sure the franchises are located in a close geographic location/proximity, as that may be an issue.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I have seen similar structures work before, but what you really need to do is put together a team of professionals to help you make this into an approvable EB-5 project and handle all the details that USCIS will be looking for.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the holding company itself will employ 10 people as managers, whether it will qualify as EB-5 would depend on the incorporation as to the purpose of the company and the comprehensive business plan that will articulate how that company is eligible for the EB-5 program. You should work with top EB-5 plan writers and a corporate attorney to structure the company correctly.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Geography of the franchises, defining the project.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you invest $1 million in a holding company and you employ 10 U.S. workers through that holding company to oversee the multiple businesses, that should qualify. You do not have to worry about the diverse locations of the several franchises since you do not have to prove that the business is located in a targeted employment area (TEA).

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