01/11/2022
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Kravitz & Guerra Law
Miami FL
USA / E-2 VISA - INVESTORS
CALLING ALL REALTORS: When your Foreign National clients consider purchasing Real Estate in the U.S., you are in a position to assist these clients in multiple important ways. Not only can you support their real estate purchases, but you can also help them with their U.S. Immigration status. If structured properly, a Real Estate purchase may make your client eligible for a highly coveted - and very flexible - E-2 Investor Visa.
The E-2 Treaty Investor Visa is a creature of “diplomatic fiat” - that is, a Treaty between the U.S. and your client’s country of citizenship must exist for him/her/them to qualify - but there are dozens of such treaties, with countries all over the world. As such, an individual or company from a country with an existing E-2 Treaty with the United States, investing funds in a new or existing business within the U.S., can be eligible to live and work in the U.S. indefinitely - and yes, spouse and children benefit as well, gaining employment authorization and the right to attend public school, respectively.
To qualify, a foreign investor must make a “substantial” investment to have or acquire at least a 50% controlling interest in a U.S. company or business. While there is no minimum amount of investment specified, to be “substantial”, is anticipated that the investor will place at least $50,000 at risk. The company or business must be “real and active”, and not mere speculation, but this can easily include rental property management, development, rehab and resale, and a myriad of other ways in which Real Estate ownership can be leveraged to the benefit of the owner - your client - and You!
