EB-5 Q&A: When can a sponsor sell the property of an EB-5 project?



There are a number of question to be answered before a specific answer can be given.  How was the enterprise that purchased the property organized?  Was it a partnership?  Was it a standard corporation or a limited liability corporation?  Property can be sold and the profit retained by the enterprise as part of the enterprise’s business.  When you invested, you likely became a partner or shareholder in the enterprise that purchased the property.  You, as a participant in the policies of that enterprise will be putting that profit to use for the benefit of your enterprise.  The requirement is that the enterprise in which you have invested must show that your investment has generated 10 full-time jobs so that your Form I-829 will be approved to remove the condition from you U.S. lawful permanent resident status.  Therefore, property sale must continue to generate 10 full time jobs.