I recently bought into a franchise and was looking to expand within the company by buying and/or developing additional locations. I have come across a deal to buy two additional franchise locations. Am I eligible to apply for an EB-5 visa as a franchisee? Can I use two separate locations to meet the EB-5 investment requirement, and would they be considered new businesses?
Under certain conditions the investment you make as a franchisee may qualify as a direct EB-5 investment for purposes of acquiring your lawful permanent residency. Under certain conditions you may use two separate locations, but this can be complex as to whether or not both would be located in a Targeted Economic Area (TEA). As always you should consult experienced immigration counsel.
Franchises have become popular in the EB-5 context in recent years. Working with an EB-5 lawyer will help you with the proper legal and financial structures of a franchise-based EB-5 investment.
An experienced EB-5 immigration attorney will be able to assist you. A franchise business with several locations may qualify for an EB-5 project, whether it is a direct or EB-5 regional center project.
Separate locations are acceptable for EB-5 direct investment as long as they are within the same holding company and you otherwise qualify for EB-5. Franchise businesses also qualify. You will need to consult an EB-5 immigration attorney to review your options.
So long as they are part of the same commercial enterprise (holding company), and you meet the investment and job creation requirements, such an investment should work for the EB-5 program. You should set up a detailed consultation with an experienced EB-5 immigration lawyer to ascertain your options.
Franchises are acceptable investment vehicles. The two locations should be OK unless your investment is based on a TEA ($500,000), then you would need to be careful that both locations were in high unemployment areas that have been designated by the state.
It is absolutely possible to use EB-5 for franchise operations - many of the direct EB-5 cases are franchisees. Location is an important issue, but corporate structure is also, so you need to have a knowledgeable specialist advise you.
Yes, a franchise can serve as the business for EB-5 if it meets the employment requirements as well as the minimum investment. I recommend you immediately consult with an investment immigration attorney to move your application forward.
