Can the EB-5 company be sold before the I-829 if the buyer keeps the jobs?

Yes, as a general rule it is possible to sell the EB-5 company or change its ownership before the I-829 is approved, provided that the program requirements continue to be met. A transfer of ownership, on its own, does not cancel the commitment to create and maintain the jobs tied to the investment.

The key issue is continuity. If the company is sold before the I-829 process concludes, the purchase agreement and transition arrangements must ensure that the jobs created, and their sustainability, are maintained in line with the project originally approved by USCIS.

Even so, a change of ownership may require a reassessment of the business plan and company structure to confirm that all requirements continue to be met. Each transaction has its own particularities that must be analyzed closely, since a poorly managed transition can put the investor’s immigration status at risk.

Because this involves both immigration law and investment analysis at the same time, the most prudent course is to seek specialized counsel before finalizing the sale and to confirm the current requirements directly with USCIS.

About the author

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.