When migrating to the United States, Canadians tend to want to explore investment Visa paths as they provide more reassurance for families to stay within borders than a Temporary Work Visa. Two of the most frequently requested visas are the EB-5, which provides a direct green card path, and the E-2, which does not offer the same direct path. To apply for one of the investment Visas, Canadians consider investing in Real Estate Property or a Business.

Investing in Real Estate:

Investing in Real Estate for an investment Visa is not always the best path towards obtaining Status, as the USCIS requires that your investment be “at-risk.” In contrast, Real Estate Property investments generally do not fall under this category. However, there are ways that the USCIS would consider your Real Estate at risk for Visa purposes. We will discuss three possible courses of action in this article.

One way to obtain an investing Visa via Real Estate investment is to apply for the EB-5 Visa. If you purchase Real Estate Property to run your business from the property, you may be able to add this investment to your petition in conjunction with your business investment. This option is ideal for those who had a business before moving to the U.S. and either relocated or expanded it. Keep in mind that you will still need to satisfy all the requirements for the EB-5 Visa as well – which are not discussed in this article.

A second option is to invest in an EB-5 Regional Center. These Centers sponsor numerous real estate development projects, including condominiums and hotels. A significant benefit of this option is that these Regional Centers must already comply with EB-5 requirements. Disadvantages include a minimal role in the investment process after investing in the project.

A third option is to invest in real estate property under an E-2 Visa. This may be a feasible option if you already have a real estate business that purchases, sells, rents, and renovates property. This requires that your business manage many properties in tangent with one another throughout the entire calendar year. In addition to the above mentioned, you must also satisfy all the requirements for the E-2 Visa – which are not discussed in this article.

Investing in a Business:

Investing in a business can be nerve-racking, especially if you have never started your own business before. But there are many ways to invest in a business even if you have no business experience. More and more Canadians are leaning towards investing in franchises under the E-2 Visa. Franchise businesses provide applicants with more assistance and support in the operations and development process as they already have established businesses within the United States. Franchises also provide applicants with the benefit of knowing that the business is viable instead of speculating the success of opening your own business. However, this reassurance is never 100% guaranteed and should always be discussed with an immigration attorney and business expert before moving forward with the procedures.

For Canadians who have an established business, the EB-5 Visa may be an ideal path to expand their enterprise in the United States. Applicants will have to satisfy the EB-5 requirements and any additional requirements if the business is in a targeted employment area. Canadians have also considered petitioning for an EB-5 when adding or including other partners to the Business.

These Investment Visas can become very complex. Therefore, it is prudent that you speak to an experienced immigration attorney well in advance to determine which path is ideal for you before taking the next step. To explore these options and many more, please contact us by email at [email protected] or phone at 1-866-724-0085.