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How could investing in franchises qualify for EB-5?

Can I apply for EB-5 direct investment through any franchise as long as I create 10 full-time jobs? What are some key issues to pay attention to when structuring a direct investment this way?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There are issues of control, but these cases can be approved. Just show the requisite investment created the 10 new jobs in a new business. Start ground-up.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Direct EB-5 investment in a franchise is a viable option. If you have a lawful source of funds, create 10 full-time jobs (at least 35 hours a week) in a franchise location, as evidenced by a comprehensive EB-5 compliant business plan, and the franchise does not cost less than the minimum EB-5 investment amount (depending whether it is within or outside the targeted employment area), then it should work fine. Please hire an experienced EB-5 immigration attorney to help you with the process.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can process for EB-5 through direct investment in a franchise business, as long as you meet the other requirements for the EB-5 (i.e., job creation, lawful source of funds).

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    Blake Harrison

    Immigration Attorney
    Answered on

    Yes, you can qualify for an EB-5 green card by investing in a franchise.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is acceptable to use a franchise to obtain an EB-5 green card. However, try to make sure that the franchise you choose will fulfill all necessary EB-5 requirements. Advisably, consult an EB-5 attorney for guidance.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Possibly, if the amount is sufficient, jobs are created, etc.

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    Robert West

    Immigration Attorney
    Answered on

    A McDonald's franchise will meet all the requirements. However, the lower-cost franchises will not.

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    Shenila A Momin

    Immigration Attorney
    Answered on

    EB-5 is possible with most franchises if it is a new business, i.e. a new location unless you are taking over a running one and you can show 40 percent improvement in net worth, etc.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    There are a variety of issues to consider when investing in franchise that is seeking to qualify as a direct EB-5 project. As long as the job creation comes from new jobs and not pre-existing jobs by the franchise, then it may be suitable. More information about the franchisor-franchisee relationship is needed, as well as the financial and management structure that you seek to implement. I would recommend speaking with a qualified EB-5 lawyer with experience in direct EB-5 project setup.

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    Russell C Weigel, III

    Securities Attorney
    Answered on

    The franchise is a business. If you invest the required amount of capital and create the minimum number of jobs in that business in compliance with the requirements of USCIS for the EB-5 visa, you can obtain a visa this way. With a direct investment, you do not have the cushion of counting indirect job creation. You also need to make sure that the business is sufficiently capitalized and earning income. If the business fails before you achieve the requisite milestones for EB-5 purposes, you can lose both the investment and the visa opportunity.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, one may make a direct EB-5 investment in a franchise as long as it creates 10 full-time jobs for U.S. workers and you meet the minimum investment amount of $1 million unless the franchise operation is located in a targeted employment area (TEA), in which case it would be $500,000. You would want to make sure that in fact the job creation works in terms of what is normal and profitable for the particular franchise.

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