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Foreign investors wanting to move to and work in the UScan take advantage of franchise opportunities via the EB-5investor program. Many franchised businesses in the USare foreign operated. Franchisors welcome ForeignInvestor/Operators because they are enthusiastic aboutlearning a successful operating system that they and theirfamily members can run. However, EB-5 rules DO NOTrequire investors to actually work in a business.

{The question often is asked about how much involvementwill be required of the Investor or Applicant when it comesto running the business they are investing in. Whileregulations require involvement in a policy making role ormanagement position it does not dictate that the Investortake an active role in day to day operations. Theregulations dictate a properly structured LimitedPartnership, which is in line with the Uniform LimitedPartnership Act and usually require that the Investor voteon policy making issues with regard to the business butthey do not require that the Investor be present to“operate” the business.

Does the EB-5 Visa require that I run thebusiness I Invest In?

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The EB-5 Investor Visa has significantdifferences from other more commonlyknown U.S. immigrant visa programslike the L-1 or E-2 Visa. Primarily, theEB-5 Investor Visa will grant permanentresident status to the applicant and theirfamily. This status does not require arenewal or reapplication. The E-2 TreatyInvestor program only provides non-immigrant status, which will expire whenthe qualifying business venture comes toan end.

{The time line for the approval of an EB-5 Investor Visascan vary depending on certain situations, however in mostsituations the entire application process should take nine(9) to fifteen (15) months to complete. It will takeapproximately two months (or 60 days) to process theinvestment and to complete the application with theUSCIS. If the investor is already living in the United Statesand is in lawful status when the EB-5 application isapproved, they will then be eligible to apply forAdjustment of Status to Conditional Permanent Residencywithout having to leave the United States.

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{if you are currently living in the United States without aproper Visa you are still eligible to apply for an EB-5 Investor Visa. However you are not permitted to applyfrom within the United States. Out-of-status individualsare considered to be Students, Tourists or E-2 TreatyInvestors who no longer have a valid Visa because theymay have remained in the United States after theirprevious Visa was revoked or has expired.

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