Buying a Business for US Immigration Purposes

If looking to purchase a business in the US for immigration purposes, it is possible to qualify for an EB-5 visa, which has a path to permanent residency, as well as your family. The idea behind the EB-5 immigrant investor program is to create jobs for US workers. An investment of at least $1.05 million is required, or $800,000 (in what’s called a Targeted Employment Area). This program is administered by the United States Citizenship and Immigration Services (USCIS).

More on the Requirements for the EB-5 Visa

• An investment of at least $1.05 million, or $800,000 in a Targeted Employment Area is required. A Targeted Employment Area is a designated area in the US that is considered economically distressed, typically due to high unemployment or rural status.
• The investment must create or keep at least 10 full-time jobs for US workers within two years. US citizens, lawful permanent residents, or other immigrants authorized to work in the United States, excluding the investor and their family, qualify.
• An important EB-5 program requirement is that the business be a new one, not just a purchase of an existing business. However, with the help of an immigration attorney as well as a business broker or M&A advisor, you can purchase an existing business – but it must be significantly restructured or expanded to create at least 10 new jobs, essentially making it a “new” business. Simply buying an existing business without substantial changes usually won’t meet the criteria. We can help guide you here.
• The investment amount must be “at risk”, meaning the investment should come from your own funds and not a loan, and therefore any loss by the company comes out of your own pocket (and is not covered by someone else). You must prove that you are the legal owner of the capital invested.
• The person applying for the EB-5 Visa must be actively involved in the business.

Other Similar US Business Investment Types – E-2 Treaty Visa

For a much smaller investment amount, generally $100,000 to $200,000 or so, and no minimal requirement for job creation, you can qualify for an E-2 Treaty Visa, as a country with which the United States maintains a treaty of commerce and navigation. However, this does not provide a direct path to permanent residency (green card), and must be renewed every two years, as long as you maintain ownership of the business (more than 50%). The E-2 provides a work permit for the Visa holder’s spouse, but does not allow the children to work.

Steps Moving Forward if Looking for a US Business Investment Visa

Your first step is to get in touch with a good immigration attorney, as well as a business advisor knowledgeable in the area of investment visas. Here at Capital Business Solutions, we have business brokers who regularly work with buyers looking to immigrate to the US, with access to a database of businesses for sale that qualify for EB-5 and E-2 visas. We also have excellent relationships with US immigration attorneys versed in the area of business investment visa. 

Proper due diligence and research in order to ensure that the business checks all the boxes for your Visa is key. Preparing a detailed business plan with the help of professionals will be of the utmost importance as well.

Contact us today to get started on the process!

Who We Are – Capital Business Solutions is a full service business brokerage firm connecting sellers of businesses with qualified, capable buyers and acquisition specialists around the world.