Potentially, if you establish lawful acquisition, entitlement to the proceeds and the path into the EB-5 enterprise. A sale by your company may require an additional documented distribution before the funds are personally yours.
Follow ownership through the transaction
Identify whether the transaction sold shares or corporate assets and who legally received each payment. Give counsel the ownership history and any holding-company structure. Reconcile your share of the proceeds with the capital proposed for investment.
The U.S. enterprise and job-creation requirements remain separate; a successful Canadian business exit does not automatically qualify the new investment. Follow the ownership rather than the business, since the two diverge exactly where the money is concerned.
Establish what the investor owned, when they acquired it and how, whether the holding changed over the period, and what the sale actually disposed of. A founder who held shares from incorporation, a partner who bought in later, and someone whose interest arose through an option or a restructuring each have different histories to document, and the acquisition of the interest is as relevant as its disposal. Where the company was owned with others, identify how the proceeds were divided and on what basis.
The capital that results must then satisfy the requirements it is being put toward: placed at risk in a commercial enterprise, meeting the applicable job-creation requirement, and supporting residence granted conditionally with conditions removed only on a later petition.