Real Estate and the E-2 Visa

American real estate has always held a special fascination for French and European investors. However, one question frequently arises: Can you obtain an E-2 visa simply by purchasing properties in the United States?

The short answer is no, if the investment is purely passive. But the answer becomes a resounding YES if you structure your activity as a genuine real estate services business.

Passive Investment vs. "Active" Management

The E-2 visa is an entrepreneur's visa, not a "rentier" visa. Buying two apartments in Miami, for example, just to collect rent is not enough, as U.S. immigration considers this a passive investment.

To be eligible, your project must be "active." This means you must create a structure that generates real commercial activity. Here are the models that work:

• Property Management: Creating an agency that manages properties for third parties (maintenance, tenant search, rent collection).

  
  

• Fix and Flip: Buying dilapidated properties, renovating them entirely, and reselling them. Here, the added value (renovations, site management) transforms the investment into a commercial activity.

  
  

• Real Estate Development: Buying land, building, and selling (or leasing).

  
  

The Right Equation for an E-2 Real Estate Visa

For your application to be strong at the Embassy, it must meet three major requirements:

1. Risk and "Substantiality" The money invested must not simply sit in an account or be placed in a safe asset without activity. In a renovation project (Fix and Flip), the investment covers the purchase of the first property, renovation costs, tools, and structural overhead. An amount of $100,000 is often considered "substantial."

2. Ability to Direct and Develop The investor must prove they will run the business. If you are doing Property Management, you must demonstrate how you will acquire new clients and supervise contractors (plumbers, electricians).

3. Job Creation (Non-Marginality) This is the vital point. Your business plan must demonstrate that within 5 years, you will hire American employees (administrative manager, maintenance staff, etc.). The project must not exist solely to support your family.

Why Choose the Real Estate Sector for Your Expatriation?

The real estate sector offers excellent visibility for the E-2 visa because it is based on tangible assets. Moreover, it is a field where European experience in design, renovation quality, or customer relations is highly valued in the American market.

The Bottom Line

Succeeding in your expatriation through real estate requires a shift in perspective: it is no longer about managing assets, but about building a service-based business. By properly structuring your LLC and documenting every stage of your "at-risk" investment, you transform bricks and mortar into a genuine gateway to living in the United States. The Deltin Law Firm assists you in determining whether your renovation or property management project meets the "substance" criteria required by the embassy. I stand ready to analyze the structure of your future investment to maximize your chances of consular success.