Apply For E-2 Investor Visa Using Real Property

The E-2 investor visa was developed to enable entrepreneurs from treaty countries to develop businesses in the US through investment. However, in order to apply for E-2 investor visa, you need to scale through a lot of requirements.

These requirements dictate what kind of business you can start or buy in the US and the nature of investment you can make in the business. One of the requirements is that the business must be active. This means that you cannot ordinarily qualify for the E-2 investor visa with investments in businesses that bring in passive income like stock or real estate.

Despite this requirement, it may still be possible for you to qualify for an E-2 investor visa using real property. This article shows you just how you can apply for E-2 investor visa using real property.

Requirements for the E-2 investor visa

There are several requirements that you must ace before you can qualify for the E-2 investor visa. These requirements are separate from legal or formal requirements such as registering your business. The general requirements for qualifying for the E-2 investor visa include the following

• You must be a national of a treaty country. These are countries that have a treaty of Trade and Commerce with the US
• The investment must be in a bona fide enterprise that provides real goods and services.
• The investment must be substantial and must be at risk. If you can easily walk away from your investment without looking back, then it’s not at risk.
• You must be coming to the US to direct and control the business. You must also either be the principal investor in the business or be a key employee at least.

How to Apply For E-2 Investor Visa Using Real Property

There are two main tests that can be used to determine if an investment in real property will qualify for an E-2 investor visa. These are:

• The “active” requirement: This requires that you must be actively involved in the business. You must actively direct and develop the business on a regular basis.
• The “marginality” requirement: Under this requirement, you are required to show that your investment will benefit the economy of the US. It must provide more income than it takes to support your family.

If you can satisfy these two requirements in your real estate business, then you should be able to qualify for the E-2 investor visa. The important thing to consider in satisfying this requirement is the nature of business activity you undertake in your real estate business.

If the scope of your real estate business simply involves owning one rental property or holding title to real property without any more, it is unlikely that your activities will qualify for an E-2 investor visa. It would be deemed to be a passive investment that does not involve “directing” and “developing” the investment.

However, if your real property business involves owning, renting and renovating real estate on a consistent basis, you are more likely to qualify. This is especially if the business involves ongoing activity during the entire year. By actively buying, renovating, renting and selling property throughout the year, you would be actively engaged in directing and developing the business.