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SELWYN · EB-5 FIELD GUIDE

Can a Selwyn investor fund an EB-5 investment from a business sale that has not completed?

Sources checked:

THE DIRECT ANSWER

Expected proceeds are not invested capital. The investment must actually be made or irrevocably committed, and every dollar must carry its own lawful source and path documentation.

A signed sale is not a funded investment

Hypothetical example: A valuation, a letter of intent, or an agreement with instalments still outstanding tells you what the investor will have, not what has been placed at risk. Until the funds exist and have been invested in the new commercial enterprise in the required manner, the requirement is unmet. Where a Selwyn dealership is being sold in stages, the practical options are to fund from the completed portion if it is sufficient, to fund from other assets and treat the sale as unrelated, or to wait until enough of the sale has closed.

Each option produces a different documentary burden and a different filing date. Mixing sources without a clear record of which funds came from where is the choice most likely to cause trouble, because the source-of-funds requirement applies to the whole investment and cannot be satisfied for most of it.