Can I stay in the EB-5 if the company changes ownership?

A change of ownership does not, by itself, end your participation in the EB-5, but it is an event that deserves close attention. What determines continuity is whether the project keeps meeting the program requirements after the transfer.

The EB-5 rests on two pillars: a qualifying investment and job creation in the United States. If the new owners change the strategy, structure, or business model in a way that undermines job creation or the nature of the investment, an eligibility issue may arise.

In those cases, it may be necessary to reassess the case and adjust the petition to demonstrate that the requirements are still being met. A well-documented transition that preserves the elements supporting your EB-5 tends to reduce that risk.

Because the impact varies depending on the specifics of the operation, it is worth checking the updated requirements with USCIS and reviewing the change with specialized counsel before it is finalized.

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Victoria Harper

Editor-in-Chief

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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.