If the project is completed, can I sell my investment after the required period?

In principle, yes, but with important caveats. In the EB-5 program, capital must remain at risk and committed to the project throughout the entire required period, which is the same period during which the investor holds conditional residence and must demonstrate job creation.

Once the program goals have been met and the conditions on residence removed, exiting the investment becomes permissible from an immigration standpoint. The key detail is that many projects have their own contractual terms, which may require the capital to remain in place for longer than the program minimum.

• Capital must remain at risk for the full period required by the program.
• Removal of conditions depends on demonstrating both the investment and the job creation.
• The project contract may set its own holding period beyond what the law requires.

Because the decision to sell involves both immigration rules and the project’s contractual clauses, it is worth reviewing the documentation with a specialist and confirming current requirements with USCIS before making any move, to avoid affecting your status.

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.