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

The EB-5 process involves several strict requirements to demonstrate that the investment is generating jobs and contributing to the U.S. economy, which demands attention to every detail. A common question is whether it is possible to sell the EB-5 company before the approval of the I-829, provided that the buyer commits to maintaining the jobs created by the investment.

In general terms, U.S. immigration law allows a change of control of the company, even after the initial investment, as long as the EB-5 program requirements continue to be met. This means that if there is a sale of the company before the completion of the I-829 process, it is crucial that the contract and transition mechanisms ensure that the number of jobs, as well as their sustainability, are maintained as agreed upon in the original project approved by USCIS.

The transfer of ownership does not, by itself, nullify the commitment to meet the job creation requirements but may require a detailed reassessment of the business plan and organizational structure to ensure that the criteria are internally upheld. It is extremely important to highlight that each transaction and each business structure may bring specific nuances that need to be closely analyzed to avoid compromising the investor’s immigration status.

Therefore, it is recommended that investors and interested parties seek specialized advice on immigration matters and EB-5 investment analysis to ensure that all ownership changes comply with current legislation. This way, it is possible to avoid unpleasant surprises and remain fully compliant with U.S. immigration regulations.

Finally, always keep in mind the importance of following all USCIS guidelines and avoiding solutions that appear to promise simplified results through marketing campaigns. Cooperation with specialists and detailed analysis of your specific case are essential steps to ensure that all EB-5 process requirements are duly met, strengthening the investor’s position regarding the I-829 process.

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.