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How can I run an EB-5 business with a TD visa?

I am currently in the U.S. on a TD visa. I purchased a foreclosed restaurant built in a TEA for $125,000. I plan to re-open this restaurant, operate it with the help from some restaurant franchisers, and create 10 to 12 full-time jobs. The total investment for property purchasing, renovation, franchising, legal services and staffing will reach $500,000. Do I qualify for a direct EB-5 investment? Can I run the business with my current TD status?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can direct a U.S. business on a temporary work visa until the authorized stay expires. Once you can show a total personal investment of $500,000 into the U.S. business, you can file the I-526 petition. You can continue operating the U.S. business while the I-526 petition is being adjudicated.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your TD does not permit you to work, and an EB-5 investment requires an "active management role." So you can probably make the investment but not work for the company. I'd want to discuss all the aspects of this plan with you and review the project carefully.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you should get an E-2. TD is not a work visa. And $500,000 may not be adequate. The amount increases to $900,000 on Nov. 21, 2019 and $1.8 million if not in a TEA.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    A TD visa is a document that allows the spouse and children of a Canadian or Mexican professional to join. The TN employee is in the United States. As a TD visa holder you cannot work in the restaurant that you currently own or plan to buy soon until your status is changed. Thus, while your planned restaurant qualifies as direct investment, you cannot work in the business with your current TD visa and you must employ someone to operate and manage the business for you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    TN dependents are not allowed to work in the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As a TD visa holder (dependent spouse of TN visa holder) you are not allowed to work while you are in the United States. You can invest in the business but will have to hire a manager to operate the business until you are authorized to work. Based on the info provided, the investment structure seems to qualify for EB-5 processing.

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    Robert West

    Immigration Attorney
    Answered on

    No, you have to hire someone who is authorized to work to run it.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Your business plan may qualify for a direct EB-5 investment if it is deemed to be an investment in a new enterprise. Your TN status must be based on sponsorship by the new enterprise in a professional position named on Schedule 16 to the NAFTA agreement and not as a TD dependent.

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    Jan Pederson

    Immigration Attorney
    Answered on

    I would suggest you obtain an E-2 visa. Note the EB-5 investment amount is increasing to $900,000 on Nov. 21, 2019.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You cannot file the I-526 until the $500,000 is fully invested and this amount increases to $900,000 after Nov. 21, along with the implementation of other EB-5 rules. On a TD you are not authorized to work.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    According to the USCIS website, any accompanying or "following to join" spouse and children under the age of 21 may be eligible for TD non-immigrant status. Spouses and children are not permitted to work while in the United States, but they are permitted to study. They are granted TD status for no longer than the period granted to the principal TN non-immigrant. While you can certainly invest in the foreclosed restaurant built in a TEA, you cannot actively operate or manage the restaurant with your TN visa. You will need someone else who is authorized to work in the U.S. to manage this operation. Given the pending increase in the investment amount scheduled for Nov. 21, I am not sure that you will be able to get all the paperwork ready to qualify at the reduced $500,000 level, as you would need a compliant business plan and a clear course of action on job creation before you can file your I-526 petition to avoid an RFE or an outright denial. If you decide to move forward, you should immediately seek the sound advice of an experienced immigration attorney to guide you through the process.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Based on the facts you presented, you may be able to apply based on the numbers you presented. Remember, there are a lot more details that need to be addressed before you make a final decision.

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