Those hoping to immigrate to the U.S. have limited options. Those with means can do so through real estate, business investments, or business investments comprising real estate. They invest a fixed amount of money into a business entity that guarantees the creation of a certain number of full-time jobs in return for permanent residency visas.
The most popular options for investors are the E2 and EB5 visas.
I recently spoke with Fort Lauderdale immigration attorney Connie Kaplan. Herself an immigrant, Kaplan works with investors and families hoping to make the United States their permanent home through legal immigration. We explored the E2 and EB-5 programs.
The EB-5 immigrant investor program allows foreign nationals to apply for a U.S. green card by investing a minimum of $800,000 or $1.05 million in a U.S. business. In 2021 alone, foreign buyers invested some $54.4 billion in over 107,000 U.S. properties.
Kaplan finds the program lacking for two particular reasons. First, the cost. Atop the legal fees that can be in the tens of thousands of dollars, the $800,000 investment would go toward purchasing shares in a designated area, such as a mall or development, where their money would be parked during the process.
For the $1.05 million fee, immigrant investors must commit to opening a business and creating 10 full-time jobs.
For example, imagine a developer wants to build a new mall, logistics center, or residential complex. Investors in an EB-5 program will receive shares in that program where their money will remain parked throughout the course of the development and their application process.
Therein lies the catch. Once the amount has been fully invested and the business is able to prove the 10 jobs have or will be created, the investor can apply for a Form I-526 seeking conditional permanent residency. This filing takes an average of two years – with some taking much longer. Between the time, distance and cost, this can dissuade some from seeking an EB-5 visa.
Another route finding favor is the E2 visa. For an investment, which can vary depending on the type of business, location and other factors, the investor can buy an existing business or open a new business. Kaplan’s clients have bought mostly retail businesses and the properties where they conduct business.
Applications based on real estate investments for purposes of short-term rentals such as VRBO, vacation rentals or AirBnB, are being highly scrutinized and denied as the government seeks to curtail housing shortages. However, motels, hotels, and multi-family properties are favored as they lend themselves to job creation.
It’s important to note that the E2 program does not lead directly to permanent residency; applicants must reapply every two to five years. Kaplan has clients who have been on E2 visas for decades. However, under certain circumstances, an application under the E2 program later may be converted to EB-5.
Under these programs, buying or contracting to build a luxury home or condominium does not qualify for the application process. Remember, both are tied to the creation of full-time jobs. Labor on a jobsite does not qualify.
Of course, there are other ways to apply for visas or permanent residency, like marriage, family relations, or work. However, for those with financial means, patience, and a penchant for real estate investing, the E2 and EB-5 programs allow them to maximize the immigration laws, grow a business and participate in the American dream.
As team leader for the Gary Lanham Group at Coldwell Banker Real Estate Fort Lauderdale Beach Office, Gary is a veteran listing agent skilled in the most complex transactions, including those involving foreign buyers and investors. He knows how to get sellers the most money in the shortest amount of time, even in this changing market. Contact him at instagram.com/garylanhamgroup or call 954-695-6518. Visit conniekaplanlawyer.com to learn more about Connie Kaplan’s firm.
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