How can I sell my business through the EB-5 program?

Yes, you can sell your business in the EB-5 program as long as the investor will invest the required capital into the business and the investment can create 10 full-time jobs.

Depending on a large number of factors, this could work for an EB-5 investor. Finding one is a different question. Many investors prefer alternative investment opportunities.

Selling a business may present some issues for EB-5. First, EB-5 requires an investment in a "New Commercial Enterprise" or NCE. "New" is defined as established after 11/29/1990. If the business was established before that date, it still might be considered new under certain rules about expansion or reorganization of the business. In addition, the job creation requirement must be met; an EB-5 investor must either add 10 new full-time jobs for U.S. workers to your existing payroll within two years, or show that the business is a "troubled business" and maintain the pre-investment employment levels, with no layoffs, for the statutory two-year conditional residence period. In short, whether for a direct or regional center EB-5 case, the existing business would have to be expanded or proven to be a troubled business. An experienced EB-5 immigration attorney could advise you on the specific requirements for your particular situation.

You could offer your business for sale if it was created after 1990, but any EB-5 purchaser will want to know if at least 10 NEW jobs could be created.

Your U.S. existing business would have to be EB-5 compliant. The new investors would have to create the required number of new jobs.

It depends. Existing businesses have unique job creation requirements. The EB-5 program is an investment program, and some investors are not interested in owning a business, only investing in one. Working with EB-5 counsel with experience in the EB-5 market can benefit you.

Almost any business can be turned into an EB-5 business with the right sort of compliance. I suggest speaking with an immigration attorney who focuses on EB-5 to see if your company would work well. The next step (and most difficult step) would be securing an investor. Best of luck!

If your business requires million-dollar investments and is going to create numerous jobs then yes it would be appropriate for EB-5.