Tips for E2 Visa Real Estate Investors

By Isaul Verdin, VERDIN Founder and Managing Partner
For 2018, wealthy European entrepreneurs are looking to the U.S. to diversify international investments. An attractive investment potential exists to exploit the potential tax reform in the U.S. under the Trump administration.
Investors may want to consider the E2 visa to relocate to the U.S. while they direct their enterprises.
This short article provides some real estate related enterprises that foreign entrepreneurs can model to obtain the E2 visa.
Real Estate Investment Must Be Active
First, it is important to note the U.S. government does not permit passive investors to obtain E2 visas through a passive investment approach. Accordingly, foreign entrepreneurs must structure their enterprises in such a way to show a commercial enterprise that is active.
If properly structured, the following real estate business models are classified as ‘active’. As a result, the following have excellent eligibility for an E2 visa:
- Holding companies that acquire, refurbish, and divest real estate assets.
- Property management companies.
- Commercial land development.
- Construction companies that provide services to other investors.
The examples above consist of business models that have successfully obtained E2 visas.
Tip: As the foreign entrepreneur prepares his or her case, it will be critical to carefully plan and present the business model through a detailed business plan. VERDIN attorneys offer comprehensive services to prepare and/or review such plans.
E-2 Visa – Treaty Investors
VERDIN Law is experienced in handling complex E-2 investor cases. We routinely deal with US Citizenship and Immigration Services, US embassies and consulates around the world to help our clients achieve their investor visas. We develop strategies to effectively navigate the statutory and regulatory requirements. Equally important, we stay informed on changes related to policies and procedures affecting our client’s investor cases.
In addition, we assist E-2 designated businesses petition for foreign employees with special qualifications that are essential for the business.
Points to Know
- Plan to Succeed: The U.S. government wants to see that the foreign investor has planned for success. Accordingly, the investor should provide a detailed 5-year business plan – forecasting capacity to generate sufficient revenue to exceed minimal living standards.
- 5 Year Business Plan Assistance: VERDIN will assist in creating your 5 Year Business Plan. Call 214-741-1700 or 800-656-4232; or Contact Verdin.
- Create US Job Opportunities: The foreign investor should provide evidence to show that the enterprise will create job opportunities in the U.S. By expanding jobs in the U.S. economy, the investor can increase his or her probabilities of obtaining the E2 visa.
- Provide Evidence for Income Generation: An E2 applicant is to provide evidence that the enterprise will generate significant income at a level that is above a standard living income for the total number of family members in the investor’s household.
- Provide Documentation for Source of E2 Visa Investment: If the enterprise has the capacity to generate significant income then the investor should provide such evidence. For example, if the enterprise has already generated high sales volume, then the investor should provide bank statements and Profit & Loss statements to support the declaration of high income.
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E2 Visa or Immigration Questions? Please Contact VERDIN Law
Isaul Verdin, VERDIN Law,
DFW Immigration Lawyer
Isaul Verdin has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.
Mr. Verdin focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.
VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.
“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney
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