I was wondering if it's possible to buy a vacation rental, say in Palm Springs or Maui, with ultimate goal to actively manage it on the ground in the USA and get EB2 visa. EB2 is normally granted if you invest over 100K$ into existing business in the US. Does vacation rental (one property for a start) would qualify for it? What are other legal options for Canadian to stay in the US and manage holiday rental?
Maybe this will provide some clarification
@Ian L. contact USCIS and ask. There might have been policies and produces that have been recently implemented. Are you a Canadian citizen? At the very least you can easily enter the US on a B2 visa.
Thank you Jeff. My apologies. It's actually E-2 visa I was asking about. It does require some USD100K+ committed funds prior to application for E-2. It can by done through buying an existing US based business and grants the owner with a 5-year renewable visa. I'm not so sure about AirBnB vacation rental though. Being a Canadian Citizen I can stay in the US on B2 for 6 months but I can't legally work on this type of visa. I was wondering if one AirBnB property will work as a business for E-2 visa? Does anybody has any experience with this?
@Brian Tapanes I will call USCIS and ask and report about my findings...
The E-2 visa is available to individuals from certain "treaty countries". The individual must own at least 50% of the company, and investments made with the company must be "at risk" (meaning it's possible for the investor to lose their investment). As far as the amount is concerned, the only requirement is that the amount be "substantial". In other words, there is no set amount found in the regs, it is determined on a 'sliding scale' basis, depending on what kind of business/company the investor intends to pursue.
Some folks pursue an E-2 through purchasing a franchise, but many use it in conjunction with a start-up or business they're looking to get off the ground here in the States.
Part of an E-2 filing requires developing and submitting a detailed business plan. Given the tenuous legal status of AirBnB generally, it might be tricky to develop a qualifying business plan for purposes of an E-2. I would consult with an Immigration attorney on the specifics of your situation. Consulting with a USCIS agent is unlikely to produce anything fruitful, please correct me if I'm wrong.
DISCLAIMER: I am not agreeing to represent you by virtue of providing this basic, educational information. Do not act solely on this information. If you have questions, you must seek out a local attorney.