IN THIS GUIDE · A franchise agreement that decides how much you actually control
Start with the E-2 eligibility and application overview
Read the agreement for control, not just for cost
Buyers focus on the franchise fee, the royalty and the term. The clauses that matter here are different: who decides pricing, what the franchisor can require, whether the franchisee may choose suppliers or hire freely, what approvals are needed to sell, and on what grounds the agreement can be terminated. A franchise can still leave the franchisee developing and directing a business, since ownership of the enterprise and responsibility for its operation usually remain with the franchisee, but the agreement is where that is established. Read those clauses before the deposit rather than after. An opening assessment creates a funds ledger showing source, transfer, escrow terms, payment purpose, and whether the investor can simply reclaim the money. It turns an assertion that capital is committed into a record that can be checked.
Ownership and the ability to direct are recorded, not assumed
The route contemplates ownership of at least half the enterprise or operational control through a managerial position or other device. Yannick and Solène should be clear about how the enterprise will be owned between them and about how that is recorded in the entity's governing documents. Where a franchisor requires a particular corporate form, or a right of approval over transfers, that should be understood alongside the ownership rather than discovered afterwards. Two spouses investing together is common and workable; it simply needs to be documented properly. Compare the investment with the credible cost of buying, launching, and operating this particular business. A percentage is not a substitute for a line-by-line acquisition, equipment, leasehold, inventory, and working-capital analysis.
The money conditions are unchanged by the franchise structure
The capital must be irrevocably committed and genuinely at risk, substantial in relation to the total cost of the enterprise, and lawfully sourced with a documented path. In a franchise the total cost includes the initial fee, the build-out, equipment, opening inventory and working capital, and those figures are usually available from the franchisor's disclosure material. The enterprise must be real, active and operating and not marginal, and the investors must hold the treaty nationality, as must the enterprise through its ownership. E-2 provides no direct path to permanent residence. The operating plan should identify customers, pricing, staffing, premises, licences, and the investor's decision-making role. A plan that only forecasts personal income does not resolve the marginal-enterprise question.
Use the franchisor's own disclosure, then verify independently
Franchisors provide substantial disclosure material, and it is genuinely useful for understanding costs and obligations. It is also written by the seller. Have an American franchise lawyer read the agreement and the disclosure with the buyer's interests in mind, and speak to existing franchisees about how much discretion they actually exercise day to day. The picture that emerges from those conversations is often more informative than the document alone, and it is directly relevant to how the enterprise and the investor's role would be described. Confirm nationality before spending heavily. Ownership records, passports of owners, and the capitalization table should all point in the same direction; a later ownership change can alter the enterprise analysis.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.