Can I sell the business after obtaining the EB-5?

It depends on timing. The EB-5 first grants a conditional residence, and it is during this phase that selling the business requires the most care.

During the conditional period, the investor must maintain the enterprise that supported the investment in a genuine and active manner. Selling the business or withdrawing capital significantly during this interval may raise questions about compliance with the requirements and jeopardize the conversion to permanent residence.

Once the conditions are removed and the investor becomes a permanent resident, the situation tends to be more flexible: as a general rule, there is no federal immigration provision that prohibits selling the business. Even so, the investment terms, the agreements in place, and any contractual obligations may influence that decision.

Since each structure has its own particularities and rules change over time, the safest approach is to check the current rules with USCIS and assess the timing and the contracts with a specialist before selling.

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.