Entering the U.S. business market is one of the most solid strategies for protecting your assets and establishing legal residency in the country. For international entrepreneurs, acquiring an operating business or an available franchise is the fastest and most efficient way to meet the rigorous immigration requirements set by U.S. authorities.
Below, we examine the three main investment pathways we manage and how purchasing a business can facilitate your approval.
1. E-2 Visa (Treaty Investor)
The E-2 Visa is a highly flexible non-immigrant option that allows citizens of countries with existing trade treaties with the U.S. (such as Spain, Mexico, Colombia, Chile, and others) to reside and operate a business in the United States.
The Key Requirement: It requires a “substantial” investment. Although immigration law does not establish a fixed minimum amount, in professional practice, successful cases typically start at $100,000 USD for service-based businesses and between $150,000 USD and $300,000 USD for franchises or brick-and-mortar businesses.
The Advantage of Buying a Business: The capital must be “at risk” and 100% committed before applying. By purchasing an existing business or a franchise through a broker, you immediately demonstrate that the money is not sitting idle in a bank account but is invested in a real, operational business.
Benefits: Indefinite renewal as long as the business remains viable, open work authorization for the spouse and children under 21 who are legally in the country.
2. L-1A Visa (Transfer of Executives or Managers)
The L-1A visa is designed for intracompany transfers. It allows a foreign company to transfer an executive or manager to a branch, affiliate, or subsidiary in the United States.
Key Requirement: The applicant must have worked for the foreign company in an executive or managerial position for at least one continuous year within the last three years.
The Advantage of Buying a Business: If, instead of starting a company from scratch (where the scrutiny process is more rigorous), the foreign corporation acquires a business or franchise in the U.S. that already has employees and a business structure, the managerial position is immediately justified to USCIS.
Benefits: It allows for a stay of up to 7 years and is one of the most commonly used direct pathways to apply for Permanent Residency (Green Card) under the EB-1C category.
3. EB-5 Program (Immigrant Investor)
For those seeking immediate permanent residency through a high-impact investment, the EB-5 program is the right path.
The Key Requirement: It requires a minimum investment of $800,000 USD in Targeted Employment Areas (TEAs, which cover rural areas or areas with high unemployment rates) or $1,050,000 USD in general infrastructure. Additionally, the investment must create or preserve at least 10 full-time jobs for U.S. workers.
The Advantage of Buying a Business: It allows for direct investment in a commercial enterprise that meets the expansion and job creation plans required by law.
The Radical Success of the Business Plan:
Regardless of the visa selected, immigration authorities scrutinize the viability of the business. Acquiring a proven franchise or an existing business mitigates the risk of rejection, as it provides a financial model with a proven track record and realistic business projections.