Can I buy an operating hotel and count the existing jobs?

The EB-5 program allows foreign investors to obtain a green card by making significant investments in the United States, provided these investments create, directly or indirectly, at least 10 jobs for U.S. workers. This mechanism can be applied to different types of enterprises, including hotels, as long as the investment and job creation requirements are strictly met.

In the case of purchasing an operating hotel, it is important to understand that the jobs already existing there usually do not automatically count toward the calculation required by EB-5. The program requires that the investment result in the creation of new jobs-or at least an increase in jobs under certain circumstances-in order for the investor to meet the criteria.

In other words, simply acquiring a hotel that already employs people may not satisfy the requirement unless there is a clear plan to expand or restructure the business so that additional job creation can be verified. Some investors choose to acquire or invest in hotels as part of a revitalization or restructuring project of a ‘troubled’ business or an enterprise that plans expansion. In these cases, growth can be planned to generate the necessary jobs to meet EB-5 criteria.

Each project, however, must be carefully evaluated to ensure that investments and expansion strategies comply with the requirements of the Immigration and Naturalization Service (now USCIS), taking into account the nature of the business, how the investment will be applied, and how employment will actually be generated.

It is essential to emphasize the need to comply with United States immigration laws and to seek advice from professionals specialized in the area. This prevents being influenced by marketing campaigns that promise simplified or guaranteed results without proper legal compliance.

A detailed analysis of the business and job creation plan will help identify the best way to structure your investment safely, transparently, and effectively. Remember that each case has its particularities and evaluation criteria may vary according to the form of investment and job creation proposal. Therefore, it is essential to have expert guidance to develop a consistent project and avoid unwanted surprises throughout the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.