Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

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Can I get an E-2 Treaty Investor visa for investment through real estate?

Q: I want to get an E-2 Treaty Investor visa, and my home country has the required treaty in place with the US. Can I get this visa for investment in real estate?

A: Only for active investment - not simply for passive investment.

You can’t simply purchase a rental property with the expectation of performing a few minimal management tasks and expect to be able to obtain an E-2 visa on this basis. This has been specifically addressed by the authorities adjudicating E-2s as a situation that will not qualify for E-2 status.

However, where significant management activities will be performed by the E-2 holder beyond a certain minimum, an E-2 may be possible in the real estate context. Real Estate development – where the treaty investor will actively develop a property or redevelop existing property and oversee architecture, planning, demolition, contraction management, etc. - has proven a successful avenue for obtaining E-2 visas.

In theory, forming a management company that manages multiple properties and employs superintendents, maintenance personnel, leasing personnel, etc. reporting to the primary E-2 may also form the basis of an E-2 application, though the outcome would be dependent on the facts of the specific case.



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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.