Questions and Answers > EB-5 Investments

How can I sell my EB-5 business after becoming a citizen?

I am interested in the EB-5 program so I can come to the United States and bring my whole family. I have the necessary funds, but I do not want to run the business long term because I want to retire soon after getting U.S. citizenship. Will I be able to sell my EB-5 business and when can I sell it?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 4, 2014

  In a direct investment, you may do as you wish with your business after receiving your permanent legal residence.

• Shahzad Q Qadri

  RC Creator

  Answered on October 30, 2013

  Once you have an approved I-829, approximately 3-4 years after getting your provisional greencard, you are free to do as you wish, and that may include selling the business.

• Lei Jiang

  Immigration Attorney

  Answered on October 29, 2013

  It depends on how/where you invest your fund. If you invest in a regional center, you need to read the agreements carefully on permissible exit method.

• Philip H Teplen

  Immigration Attorney

  Answered on October 28, 2013

  If you invest in a regional center, you do not have to participate at all in the business and can see return of your capital. If you would like to consult, I can reached.

• A Mina Tran

  Immigration Attorney

  Answered on October 25, 2013

  Yes, after you get your permanent green card, you will be able to sell your business. It sounds as though you are looking for a more passive investment vehicle. If that is the case, then you might want to consider a regional center based project rather than a direct investment into a business.

• Dale Schwartz

  Immigration Attorney

  Answered on October 23, 2013

  Yes you can, after you receive a permanent green card or become a citizen.

• Ying Lu

  Immigration Attorney

  Answered on October 23, 2013

  After you obtained your permanent green card, you can sell the EB-5 business to any interested buyer.

• Lynne Feldman

  Immigration Attorney

  Answered on October 23, 2013

  If you do a stand-alone project it will take about 5-6 years before you can sell. If you aren''t interested in running a business, then check out the regional center option for a more passive investment. There are many though so you want to only look at the ones with a good immigration track record or contact me for more information.

• Margo Chernysheva

  Immigration Attorney

  Answered on October 23, 2013

  You can sell your interest (if it is sellable per your agreement with your partners or if there is an interested buyer) as soon as you receive your permanent resident status. You do not have to wait until you become a US citizen.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 23, 2013

  You may be able to sell your business after you remove the condition and obtain the permanent green card. Since that is several years into the future, it is impossible to predict market conditions at that time. In order to qualify for a green card, however, you must maintain the intention to reside permanently in the U.S., with or without owning your business.

• Jinhee Wilde

  Immigration Attorney

  Answered on October 22, 2013

  If you do not wish to actually run the business, the best way to immigrate through EB-5 is investing in a regional center project. Make sure, however, you choose a regional center that has long track record of successfully doing EB-5 projects continuously. There are few Regional centers that have 100 percent approvals over several projects.

• Anthony Korda

  Immigration Attorney

  Answered on October 22, 2013

  Once conditions of residence have been removed, the business may be sold. It is not necessary to wait until U.S. Citizenship is achieved.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 22, 2013

  Most investments through an EB-5 Regional Center have an "exit strategy" that allows for the investor to sell his or her interest at fair market value after 5 years. To whom you can sell that interest depends on the then-current rules and regulations.

• Rohit Kapuria

  Immigration Attorney

  Answered on October 22, 2013

  A better option might be to invest in a regional center project. This way, you become a limited partner or member of a new commercial enterprise that is funding a particular project. The idea is that in this role, you are purely a passive investor and do not handle the day to day managerial functions of the new commercial enterprise. These investments are structured as medium term investments (typically 5-7 years) and if the project is successful (and if the documents so allow and the process acceptable to USCIS) you would receive your principal investment with some interest at the end.

• Ed Beshara

  Immigration Attorney

  Answered on October 22, 2013

  The EB-5 process will lead to your unconditional permanent residency, known as your full green card. Once you have had your residency for 5 years from the time you received your conditional permanent residency, you may then apply for naturalization. Once you obtain your unconditional permanent residency you may exit the EB-5 business and sell it.

• H Glenn Fogle Jr

  Immigration Attorney

  Answered on October 22, 2013

  The answer to this question depends on the type of investment you have made. If you do your own business, you can sell it after obtaining the permanent green card, which you would file for at the end of your conditional period green card, showing that you have created the requisite 10 U.S. jobs. If you choose to use a regional center investment, that will depend on the particular investment as to when you can exit the investment (usually 4-5 years). Please feel free to contact me directly if you have further questions.

• Boyd Campbell

  Immigration Attorney

  Answered on October 22, 2013

  Yes, after you obtain your permanent green card.