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Questions & Answers

When is an EB-5 applicant allowed to withdraw their investment?

After an immigrant investor had met all the conditions required to have the conditional residence status lifted after two years, can the investor divest their money? What is the earliest point an EB-5 investor can withdraw their investment without penalty during the immigration process?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    After the condition is removed, there is no immigration requirement that an investor maintain his or her investment.

  • Avatar

    Sara Wang

    Immigration Attorney
    Answered on

    This will be based upon the investment (subscription) agreement that you have signed with the project. Please remember that though the investment is a vehicle for your immigration, at the end of the day it is separate from your immigration process. All the conditions guiding your investments will be contract based. Thus, always read what you sign!

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    Ed Beshara

    Immigration Attorney
    Answered on

    The security offering documents and, if applicable, the loan agreement will clarify to the investor the timing of the repayment of a loan or the terms of selling their interest at fair market value.

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    John J Downey

    Immigration Attorney
    Answered on

    This will depend on the agreements that you have made with the project. There is no statutory time limit once you have received your permanent status. However some projects prohibit divesting for a certain period of time. Check your initial agreements.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Most projects provide for exiting the investment after the I-829 is approved and a set period of time has elapsed (often five to six years). USCIS requires the investment to be sustained throughout the entire conditional residency period.

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