Can I sell part of my company to meet the EB-5 investment amount?

In principle, yes. Selling a stake in your company to raise the amount required by the EB-5 program is possible, but the sensitive point is not the sale itself, rather the origin and nature of the funds that reach the project.

The program requires that the invested capital be committed and ‘at risk’ in an enterprise that creates jobs in the United States, and that the funds come from lawful, traceable sources. If the funds come from the sale of a business interest, you must demonstrate that the transaction was legitimate and clearly document the path of the money to the investment.

Immigration authorities tend to scrutinize such transactions carefully, especially if there is any doubt about the provenance of the funds or if the capital does not appear to be fully committed to the project. The structuring of the transaction therefore matters.

• The funds must have a lawful and verifiable origin.
• The capital must remain ‘at risk’ in the enterprise.
• All documentation and the flow of funds must be transparent.

Because each structure has its own particularities, it is worth planning the transaction with legal, accounting, and immigration support and confirming the current requirements with USCIS before selling any ownership interest.

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.