Yes—a foreign national can absolutely open a restaurant in the United States. But if the goal is to not just invest, but also live in the U.S. and run the restaurant personally, there are important visa and business strategy requirements to consider.
Many foreign investors see the restaurant industry as an accessible and appealing entry point into the U.S. market. And while restaurants can support a visa, success isn’t based on the type of food served—it’s about how the business is structured, operated, and sustained.
Here’s what you need to know.
Opening a Restaurant as a Foreign National
Any foreigner can own a U.S. business, including a restaurant, even without being physically present in the country. But if you want to work in or manage the restaurant from within the U.S., you’ll need a visa that allows for it.
Several visa options exist for restaurant owners, including:
- E-2 Treaty Investor Visa – For nationals of treaty countries who invest a substantial amount in a U.S. business and actively manage it
- L-1A Visa – For foreign business owners opening a U.S. affiliate or branch
- EB-5 Visa – For investors who create jobs through a qualifying investment (typically $800,000+)
Each of these visas has specific criteria, but the bottom line is this: owning a restaurant isn’t enough—you must prove that it’s a real, viable, and sustainable business.
What Kind of Restaurant Can Support a Visa?
It’s not about cuisine—it’s about credibility and scalability. A restaurant can absolutely support a visa, but it must demonstrate that it is:
- Real and operational – Not a shell or speculative business
- Actively managed by the investor – Especially important for E-2
- Financially viable – Revenues must cover operating costs and show growth
- Structured to create U.S. jobs – A requirement for EB-5 and a strong supporting factor for E-2
- Sustainable long-term – Investors must show that the business isn’t marginal and will support both the owner and U.S. employees
In other words, a small coffee shop with inconsistent sales, no employees, and unclear growth plans is unlikely to support your visa or secure renewal. On the other hand, a well-run fast-casual concept with full-time staff, a clear operational structure, strong branding, and revenue growth is a strong candidate.
What You Need for Visa Renewal
Getting the visa is only the first step. To secure a renewal, you’ll need to prove that your restaurant is:
- Consistently generating revenue
- Operating according to the original business plan or adapted strategy
- Creating jobs for U.S. workers (especially W-2 employees, not just contractors)
- On a growth trajectory, not just surviving
Visa renewal reviews go beyond paperwork. They look closely at financial statements, staffing, operational consistency, and whether the business is contributing to the U.S. economy.
How We Help Before and After Visa Approval
Pre-visa, we help you:
- Identify or assess restaurant business opportunities that are visa-compliant
- Build a solid, credible business plan that aligns with immigration standards
- Structure the restaurant for operational success and regulatory compliance
- Pre-pay and set up bookkeeping services so you can show U.S. immigration authorities that you take your financials seriously and are committed to your business
- Help your attorney include actual financial statements in your application, giving you an edge in proving that your business is organized from day one
Post-visa, we support you with:
- Ongoing health check-ups to ensure your business stays visa-ready
- Smart, immigration-aware bookkeeping
- Growth-focused consulting to ensure your restaurant remains profitable and scalable
- Support during visa renewal to demonstrate your restaurant’s continued success
And here’s something you won’t find everywhere:
Our founder has over 30 years of hands-on experience in the hospitality industry, having started, grown, and sold multiple successful restaurant concepts—including one that became a business school case study. That insight guides everything we do, from strategy to execution.
Final Thoughts
Yes, a foreigner can open a restaurant in the U.S.—but not every restaurant will support a visa. And even if your visa is approved, it’s the business’s performance that determines whether you’ll be able to stay.
The key isn’t the menu—it’s the management, structure, and sustainability of your restaurant.
We offer a complete suite of tools to help you open, manage, and grow a restaurant in the U.S.—from initial strategy and business planning to bookkeeping, compliance, and visa renewal support.
Contact us today to build a restaurant business that does more than serve food—it supports your life in the U.S.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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