Questions and Answers > EB-5 Investments

What are the EB-5 visa requirements when purchasing a franchise?

I am an investor looking to immigrate to the United States. If I purchase, for example, a fast food franchise that already employs 14 full-time and 20 part-time employees, would this investment qualify for an EB-5 visa? What are the EB-5 visa requirements when purchasing a franchise?

Answers

• Shahzad Q Qadri

  RC Creator

  Answered on August 14, 2014

  You can certainly purchase a franchise, but keep in mind that you will have to create an additional 10 jobs.

• Julia Roussinova

  Immigration Attorney

  Answered on August 11, 2014

  New commercial enterprises must create at least 10 full-time (35 hours or more a week) jobs. It is possible to maintain pre-existing jobs if you invest in a troubled business; otherwise, you must still create 10 full-time jobs. You will also need to determine if you may purchase a franchise as non-U.S. person.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 29, 2014

  With the understanding that the U.S. franchise allows non-U.S. persons to purchase a location (some require franchisees to be U.S. citizens), this particular investment may be considered an existing business, and you would have different job creation/retention requirements. Generally, franchises are becoming popular EB-5 investment vehicles.

• John J Downey

  Immigration Attorney

  Answered on July 28, 2014

  You may have trouble, as the program was set up for new employment.

• Ed Beshara

  Immigration Attorney

  Answered on July 28, 2014

  According to EB-5 regulations and policies, the personal investment in the existing business either has to maintain the jobs or create new jobs.

• Kevin Michael Reilly

  Immigration Attorney

  Answered on July 28, 2014

  The important thing about your investment is that it creates 10 new jobs. Pre-existing jobs usually will not satisfy the job creation condition of the EB-5 green card. Have you considered investing in a regional center?