Can I take over an EB-5 project that was started by another investor?

In certain cases, yes. Taking over an EB-5 project already started by another investor may be possible, but it is not a straightforward swap: it requires a thorough review of the legal, operational, and financial structure of the venture.

Many projects are organized through specific entities (such as a Regional Center or a company created for that investment), which typically have contractual rules and regulatory requirements governing the admission of new partners or changes in management. For that reason, the first step is to carefully review the terms of the original agreement, which may limit or condition the transfer.

On the program side, certain points must continue to be met when a new investor comes in:

• the invested capital must remain at risk and committed to the business;
• the venture must maintain the required job creation;
• the change must not conflict with immigration regulations.

Because every case has its own technical and legal particularities, it is advisable to bring together experienced accountants, attorneys, and consultants and verify the current requirements with USCIS before assuming any project.

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.