Can I open a restaurant and use EB-5?

Yes. A restaurant can indeed be the venture used in an EB-5 project, as long as it is structured as a genuine commercial business and meets the program’s requirements. The type of business is not the issue: what matters is viability and compliance with the rules.

EB-5 requires an investment in a commercial enterprise and the creation (or preservation) of the number of full-time jobs required by the program, for U.S. citizens or residents. For a restaurant, that means demonstrating that the operation will actually generate those positions and sustain the invested capital.

That is why the business plan carries so much weight. Location, operational structure, and financial and hiring projections must be well-supported to show that the venture is solid and capable of meeting the program’s criteria. A poorly planned restaurant will have a hard time sustaining a petition.

Since investment parameters and job creation rules are set by the relevant authority and each case has its own particulars, it is worth checking the updated requirements with USCIS and seeking guidance from immigration and business management specialists before committing capital.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.