E2 Visa Property Management
E2 Visa Property Management – The E-2 investor visa was created to allow entrepreneurs from countries that maintain a trade and commerce agreement with the United States to establish new businesses in the United States through investment. Although E-2 visas are less often granted for investments in real estate, there is a possibility that this type of investment may qualify for an E-2 visa if certain conditions are met. Here we elaborate on these conditions.
Before qualifying for an E-2 visa using a real estate investment, a real estate investor must first qualify for the E-2 visa through three requirements. First, the contractor must have invested, or be actively investing, a substantial amount of capital in a bona fide enterprise in the United States. The investment cannot be a relatively small amount of capital in a marginal enterprise initiated solely to earn a living. The business must also be active, meaning that an investment earned through minimal activity and with little daily effort or maintenance, such as investments in shares, will not qualify. Second, the investor must seek entry to the United States solely to develop and manage the business. And third, the investor must intend to depart the United States upon expiration or termination of E-2 status.
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Once these general E-2 requirements are met, a real estate investor must apply two additional tests to determine whether an investment in real estate will qualify for an E-2 visa. These tests are the “active” test and the “marginality” test. To satisfy the “active” requirement, the investor must be actively involved in the business, managing and developing it on a regular basis. Under the marginality requirement, the investor must also show that his or her investment will benefit the economy of the United States. That is, it must provide more income than is needed to support the investor and his or her family.
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If the scope of your real estate activity involves only owning a rental property or owning real estate without more, it is unlikely that your activities will qualify for an E-2 investor visa because the investment will not pass the “active” test. It will be considered to be a passive investment that does not involve “managing” and “developing” the investment. However, if your real estate business involves buying, selling, renting and renovating property, or managing multiple rental properties on a consistent basis, you are more likely to qualify, especially if the business involves ongoing activity throughout the year.
If you have additional questions or concerns regarding the E-2 visa, please call Berardi Immigration Law to set up a consultation with one of our immigration attorneys today! Unfortunately, there is no perfect immigration option for amazing entrepreneurs who come to the United States to start innovative businesses and create thousands of jobs.
As a country, we should find a way to give startup entrepreneurs and small business owners a smooth path to a green card. Although a smooth road does not exist, fortunately we have the E2 Visa.
This visa allows talented entrepreneurs from certain countries to invest in a US business – and then come to the US to run it.
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There are a number of benefits associated with the E2 Visa. Here are some of my favorite E2 Visa benefits…
While the E2 Visa is a great option for many, it is not perfect. Some of the disadvantages include:
If you decide that the potential advantages of the E2 Visa outweigh the disadvantages, the next step is to look at the requirements. The following section discusses the E2 Visa requirements in detail.
To qualify for an E2 investor visa, the country of your citizenship must have an E2 visa agreement with the United States.
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Fortunately, many large countries have such a treaty. The countries that have the E2 visa agreement in place include Canada, UK, Japan, Spain, France, Australia, Mexico, Israel, Ireland, Germany, South Korea, New Zealand, Italy, Pakistan, Turkey, Egypt, Philippines, Argentina and many more .
Unfortunately, there are some powerhouse countries that do not have an E2 visa agreement with the United States. These countries include China, India, Russia and Brazil.
Demonstrating that you are a citizen of an E2 treaty country is quite simple. You will usually submit a copy of your passport or other identification documents to show that you meet this requirement.
If your country of origin is not included in the list, don’t sweat it. There may be other options for you to consider.
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For example, you may be an experienced entrepreneur who wants to start a business that will greatly benefit the United States. If this is the case, you may qualify for an Eb2 Green Card (National Interest Waiver).
If you want to make a passive investment in a business, the Eb5 Green Card could be an option. By investing in a project through a regional center, you can get a return on your investment and also get a green card. A disadvantage of the Eb5 program is that there is a high barrier to entry. To qualify, you must invest $900,000 or $1.8 million depending on where the project is located.
If plunking down $900,000 or $1.8 million isn’t an option, look into the possibility of obtaining citizenship by investing in a country that has an E2 agreement with the United States. A popular option is to obtain citizenship by investing in Grenada. Once you have obtained Grenada citizenship, you can apply for an E2 visa, as Grenada is a treaty country.
The most asked E2 Visa question is “how much do I have to invest?” This is understandable. That would certainly be my first question. The answer to this common question depends on the business you are starting.
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After submitting the E2 Visa application, the judge will apply a proportionality test to your investment. With the help of this test, they will find out if you have invested enough money to make your business a success.
The amount needed for success will vary depending on the type of business you are starting.
For example, a service business such as a law firm, a consulting firm, or a mobile car detailing business will require a smaller investment than a manufacturing facility or a high-end restaurant.
Although there is no minimum investment amount, the judge will look at the amount necessary for the business. They will then compare this number to the investment you have made. To determine if your investment is large enough, they use a sort of reverse sliding scale. The lower the costs of the business, the higher, proportionally, the investment must be to be considered significant.
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To demonstrate the proportionality test, let’s say your service business requires an investment of $75,000 to make it successful. You invest that amount. The investment meets the proportionality test and will be considered significant.
What if a business requires a larger investment? Let’s say you start an upscale restaurant in a major metropolitan area. To get the business off the ground, you need a large investment. You need to secure a location, build out a kitchen, hire a designer, furnish your space, top-notch chefs, etc. Startup costs can easily be $500,000 or more. Let’s say you invest $400,000 and plan to invest the remaining portion later. Your committed investment of $400,000 is likely to be considered substantial.
In addition to investing a sum of money that will make the success of your business likely, you must also commit your money to the business.
This means that you can’t just set up a US business, transfer money to a US bank account and apply for an E2 Visa.
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Instead, you must demonstrate that you have spent all the money you need to start a successful business.
For example, if you are starting a home health care franchise, you may need to show that you have…
Going all in on a business is scary when you don’t know if you’ll eventually get the visa you need to run it. Therefore, I fully understand why my investor clients want to reduce risk. Fortunately, there is one popular method to protect your money in the event of a visa refusal.
You can protect yourself by placing part of your investment in escrow. This escrow agreement will contain the only condition that the money will be released only if the E2 visa is granted.
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Escrow agreements may not be applicable to all parts of your investment. However, they can protect a large part of it.
For example, if you buy an existing business, you can place the purchase amount in escrow. This amount will likely represent the vast majority of your investments. If your E2 Visa application is unsuccessful, you will get your money back. If your E2 Visa application is successful, the funds will be released to the merchant.
Before you decide on a business to invest in, you should understand the marginality rule for the E2 Visa i
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