Can I withdraw dividends from the EB-5 project before 2 years?

The EB-5 visa is a pathway for foreign investors to obtain permanent residency in the United States through making an investment that creates jobs. The purpose of the program is that the invested funds are, in a way, ‘at risk’ and committed to the creation and maintenance of jobs. Therefore, it is essential to understand the contractual rules and the program’s own requirements.

Regarding withdrawing dividends before two years, generally, EB-5 projects establish minimum holding periods for the invested capital precisely to demonstrate that the funds are effectively being used to meet the employment creation objectives. Although some projects may provide for periodic dividend payments as a form of return for investors, the typical EB-5 structure does not encourage early withdrawal of funds, as this may affect the characterization of the investment as ‘at-risk’, which is so essential for the success of the immigration process.

Each project may have specific rules defined in its contract, but it is quite common for there to be restrictions concerning early profit distribution. Withdrawing dividends before the agreed period can even raise doubts about the commitment of the investment and put it in non-compliance with the program requirements established by the United States Citizenship and Immigration Services (USCIS).

Therefore, it is highly recommended that investors carefully read the contract terms and maintain ongoing communication with those responsible for the project. In addition, seeking guidance from experts in immigration and investments can help avoid surprises and future problems. Paying attention to promises of quick results or returns outside legal standards is essential to avoid scams or misleading marketing campaigns.

Remember: following the country’s immigration laws and investing cautiously, supported by detailed analyses of the contractual terms, is the best path to ensure that both the investment and the immigration process comply with legal requirements.

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.