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

The EB-5 program requires the investor to commit capital that is ‘at risk’ in a commercial enterprise that creates jobs in the United States. This means the money to be invested must come from lawful sources and be directed straight to the project, fulfilling all criteria established by the U.S. Citizenship and Immigration Services (USCIS).

Regarding selling part of the company to reach the amount required by EB-5, there are some important points to consider. First, the program’s rules require that the invested capital be genuinely committed to the enterprise and subject to commercial risks. If you choose to sell part of your ownership to gather funds, it is essential that this transaction be structured so that the proceeds clearly come from a legitimate transaction and do not compromise the ‘at risk’ nature of your future application to the project.

Compensating part of the funds through the sale may be viewed cautiously by immigration authorities, especially if there are doubts about the source of these funds or if it appears that the capital is not fully committed to the enterprise. Additionally, any such transaction must strictly comply with U.S. immigration and financial laws. This means all documentation, the flow of funds, and the transaction structure need to be presented transparently and in detail to avoid being interpreted as an attempt to circumvent the program’s requirements.

It is also recommended to conduct this type of transaction with the assistance of professionals specialized in immigration as well as financial and accounting matters, to ensure all legal aspects are met. Finally, it is essential to emphasize the importance of being well informed and seeking precise guidance before making decisions involving the EB-5. The program has very specific rules, and any movement – such as partial sale of a company – must be carefully planned to avoid future complications, including the risk of not fully meeting the ‘at risk’ capital criteria.

Therefore, paying close attention to the rules and avoiding proposals or campaigns that promise simplified solutions is always prudent.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.