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How can I sell my EB-5 business to another EB-5 investor?

I invested in a shopping mall in Seattle. I'm wondering if I can sell this business after I get a permanent green card. I don't think regular investors would be interested in this property because of the low cap rate. Can another EB-5 investor buy this business and apply for a green card like I did? When can I begin the process of seeking an EB-5 investor to buy my business? Do I need any special licenses?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Without more information, I would say this is unlikely to be approved, but much more information would be needed.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It may be difficult to do so because a new EB-5 investor will be required to create at least 10 full-time permanent jobs to qualify for the EB-5 program. He or she cannot use your jobs that have been created. You should consult an experienced EB-5/corporate counsel to determine the best strategy for EB-5 compliance. Otherwise, you can sell to a non-EB-5 investor as part of a regular sale of a business interest. Generally, operating documents of the business will govern the sale/transfer transactions and you will need to determine whether there may be any restrictions on transfer.

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    John J Downey

    Immigration Attorney
    Answered on

    You do not need a special license, but the new investor must create 10 new jobs - they cannot use the ones you created. If you wish to sell simply as a business without an EB-5 component, you may do so.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Although you may sell your EB-5 business after you obtain the permanent green card, it may be difficult to sell to another EB-5 investor as it may be difficult for that investor to add another 10 full-time, permanent jobs to an existing shopping mall that is in operation. However, with a well-crafted business plan that shows the additional new jobs, this could be possible. You will need to work with a team of very experienced EB-5 consultants and lawyers to make sure that the business could be EB-5 compliant.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is very unlikely another EB-5 investor can use this, as jobs have been created and counted.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    In order for the new investor to benefit, they will have to put the money into the business and create 10 additional jobs.

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