Can I reduce my ownership stake after the investment maintenance period?

It depends, and it is a step that requires great care. In the EB-5 program, capital must remain ‘at risk’ (exposed to real gains and losses) and committed to the project throughout the required maintenance period, precisely to generate the jobs needed for approval.

Reducing your ownership stake may be interpreted as a change to that at-risk investment condition, which has the potential to jeopardize how your case is classified by immigration authorities. For that reason, any change to the ownership structure must be evaluated carefully.

Each project has its own characteristics and contractual clauses. In many cases, reducing your stake will only be possible if it is provided for in the official investment documents and does not disqualify the contribution required by law. In principle, adjustments may occur, but always within the applicable rules.

• Capital must remain ‘at risk’ for the required period.
• Reducing your stake may affect the classification of your investment.
• It is generally only viable if the project documents allow for it.

Before making any changes, assess the legal and contractual implications with a qualified professional and confirm the current requirements with USCIS.

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.