How can I sell my EB-5 business to another EB-5 investor? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

John J Downey

John J Downey

Immigration Attorneys
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.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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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