+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Investments

How can I qualify for an EB-5 visa if my only eligible asset is my existing company?

Can I sell 80% or more of my company to use it as my EB-5 funding? Are there limitations as to where the funding comes from, or any rules against this?

Click here for a Free Evaluation

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the money is lawfully earned and you can show how you got the money to start the business, then you should be able to sell it and apply for an EB-5 visa.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You must show the funds were lawfully sourced, so if coming from your company, this should be fine.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, you could sell your 80% ownership interest in the company and then use the proceeds from the sale in an EB-5 investment.

  • Avatar

    F Oliver Yang

    Immigration Attorney
    Answered on

    There is no rule against obtaining your fund from an asset sale. You will need to prove the lawfulness of this source, which will require a lot of work from an experienced EB-5 attorney.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If you are the sole shareholder or sole member of your business, you may sell shares or membership interest in your business. Funds from sale need to be distributed to you and be your personal funds in your possession. You must pay any applicable tax. Then you may use them as EB-5 funds. You would need to trace source of funds, including your business registration documents, any initial capital contributions made from lawful sources of funds to start up business, purchase and sale documents for sale of shares or membership interest, tax returns, personal bank statement showing deposit of funds. Hire an experienced EB-5 immigration attorney to prepare your case.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    The EB5 investment has to be from personal funds of the investor so if you sell shares of your company and realize the proceeds personally, you can use it to fund the EB-5 project. There may also be tax efficient company loans to consider in some situations.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes you could do that. The money must be yours, and come from a legal source.