Opening A Restaurant For Immigration Purposes In The USA

The E2 Visa Restaurant Immigration Program For Foreign Nationals In The Unites States

We are often brought in to assist foreign nationals open a restaurant in the United States for the purposes of immigration through the E Visa program. We have sat with many immigration attorneys re investment, feasibility, requirements and other procedural requirements for the opening of a restaurant in conjunction with the E2 visa program and are therefore fully versed on the process, time line and results expected.

Often, clients come to us with a budget or what the attorney has deemed a “substantial” enough investment under the E Visa program and requests we find the appropriate restaurant business for their skill set, time commitments and visa requirements. Ranging from the purchase of an existing restaurant franchise with all the build out, systems and procedures already in place to the creation of a brand new restaurant concept. For our E Visa restaurant clients we have opened everything ranging from coffee chains to a single family run restaurant all the way to multi-million dollar restaurants with award winning chefs.

When using a restaurant as part of the E Visa requirement you must first determine the level of involvement and the desired return you need, this dictates the business that we define as best fitting and where our scope of services can provide you the best value.

Generally, aside from the standard restaurant consulting procedures we complete for all our clients, the following are specific to our clients going through the immigration purpose, but does not include those opening a restaurant and wanting to transfer from a TN Visa:

(1) Creation of business plan and financials

(2) Creation of an advisory team to prove the viability of the concept

(3) Independent analysis of the restaurant concept to determine the expected results, return on investment and long term viability

(4) Renderings, sketches, imagery, menu and branding for concept proof

(5) Assistance with formation of corporate structure

(6) If US investment is required, assistance with the documentation, pitch packet and introductions to investor networks

(7) Introduction to professionals to assist and validate the project (accountant, lawyer, architect, designer) all familiar with the visa requirements

Our firm currently only assists projects with a total investment expectation greater than $1.2mm

Where the cumulative investment in the US meets the threshold to apply for permanent residence as an immigrant investor (EB-5): investment of $1 million dollars (or $500,000 in a rural area) and the creation of at least 10 new jobs for US workers). We have seen successful conversion from E2 to permanent residency.

§ Sec. 214.2(e) Treaty Traders and Investors –

(2) Treaty investor . An alien, if otherwise admissible, may be classified as a non immigrant treaty investor (E-2) under the provision of section 101(a)(15)(E)(ii) of the Act if the alien:

(i) Has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living;

(ii) Is seeking entry solely to develop and direct the enterprise; and

(iii) Intends to depart the United States upon the expiration or termination of treaty investor (E-2) status.