Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

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New York, NY 10004

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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.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

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.