The E-2 visa is a popular pathway for foreign investors seeking to conduct substantial business activities in the U.S. In the realm of real estate, there’s often confusion about whether this visa can be used for passive investments or if it’s strictly for active businesses. Let’s delve into the nuances of passive vs. active investing in real estate through the lens of the E-2 visa.
Before we discuss real estate specifically, it’s essential to understand the E-2 visa’s primary purpose. This non-immigrant visa allows foreign nationals from treaty countries to enter and work in the U.S. based on an investment they’ve made in a bona fide U.S. enterprise. The investment should be significant, and the investor must play an active role in the business.
This refers to investments where the investor is not actively involved in day-to-day operations. In real estate, buying property to collect rent without being involved in its management would be considered a passive investment.
Here, the investor plays an integral role in the operations and management of their investment. For real estate, this might mean developing properties, managing rental units personally, or running a real estate agency.
Purely passive investments, like simply owning and renting out property without further involvement, typically don’t qualify for the E-2 visa. Why? The E-2 requires the enterprise to be operational and the investor to direct or develop the enterprise actively. Simply collecting rent from a property doesn’t fulfill this criterion.
However, that doesn’t mean real estate is off the table for E-2 visa applicants. Active real estate ventures, such as property development, real estate brokerage, or property management businesses, can be eligible if they meet the other E-2 criteria.
To understand your unique situation better and explore if your real estate ambitions align with the E-2 visa guidelines, it’s recommended to consult with an experienced immigration attorney.
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