What happens if the invested company is sold?

In the EB-5 program, the investment must meet specific requirements, such as job creation and maintaining capital at risk. For that reason, if the invested company is sold, the impact on your case depends, above all, on how that sale takes place.

Many projects already include an exit strategy, in which a sale or transfer is part of the approved plan. In that scenario, as long as job creation and capital at risk requirements continue to be met, the transaction tends to be less problematic. An unplanned sale, or one that falls outside program rules, may raise questions about compliance with the program’s criteria.

• Sale planned in the exit strategy: lower risk, provided requirements remain satisfied.
• Unplanned sale: may raise concerns about job creation and capital at risk.
• Material changes can affect the removal of conditions stage.

Because any change in the business structure calls for careful reassessment, the safest approach is to monitor developments closely and confirm the implications with the USCIS and qualified immigration professionals.

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.