Question 1

Can a foreign investor buy property in Florida without a visa?

Accepted Answer

Yes — there is no U.S. visa or residency requirement to own real estate in Florida, and foreign buyers purchase homes, condos and commercial property here every day. What a visa does change is how long you can stay in the country and whether you can run a business here, which is a separate question from ownership. Foreign buyers do face their own rules around financing, tax withholding when they later sell, and how the property is held, so the structure should be planned before an offer is made. This is general information, not legal or tax advice.

Question 2

Can I qualify for an E-2 visa by buying an existing Florida business instead of starting one from scratch?

Accepted Answer

Yes — buying an existing business can qualify for an E-2 visa, provided the price paid is substantial relative to that type of business and the buyer will actively direct and grow it, not hold it as a passive investment. Officers look at whether the funds are fully and irrevocably committed (not sitting in a refundable escrow), and whether the business is more than “marginal” — meaning it must realistically support more than just the investor's own household, typically through job creation. This is why verifying a target business's real financials matters as much as agreeing on a purchase price. Any specific acquisition should be reviewed by immigration counsel before an offer is signed — this is general information, not legal advice.

Question 3

Is Canada on the list of E-2 treaty countries?

Accepted Answer

Yes — Canada has held E-2 treaty investor status with the United States since 1993. Canadian citizenship alone is not enough on its own: the investor still has to put a substantial amount of capital at risk in a real, operating U.S. business and plan to actively direct it, exactly like any other E-2 applicant. Canada's treaty status is one of the reasons it's a comparatively direct path into U.S. business ownership for Canadian entrepreneurs and investors, alongside a short list of other treaty countries. This is general information, not legal advice — confirm current eligibility with immigration counsel before committing capital.

Question 4

What happens to my child's E-2 visa status when they turn 21?

Accepted Answer

They lose their E-2 dependent status the moment they turn 21, even if their visa stamp or I-94 has not expired yet. From that day, staying in the U.S. without a new status starts building unlawful presence. The realistic options are: switching to F-1 student status before that birthday, qualifying for their own E-2 investment if they have the capital, or being included in a parent's green card case if that case is approved before the child turns 21 (governed by the Child Status Protection Act, which is genuinely complex). Because every option has strict deadlines, families should start planning at least a year ahead of a child's 21st birthday and confirm the specific plan with immigration counsel — this is general information, not legal advice.

Question 5

What's the real difference between an E-2 visa and an EB-5 visa — do I get a green card either way?

Accepted Answer

No — an E-2 visa is a renewable temporary status tied to an active investment, while EB-5 is the path that leads directly to a permanent green card. E-2 has no fixed minimum investment amount (the amount just has to be “substantial” relative to the business), can often be approved in weeks, and must be renewed indefinitely as long as the business keeps operating, but it never converts into permanent residence by itself and is only open to citizens of treaty countries. EB-5 requires a fixed capital amount — currently $800,000 in a targeted employment area or $1,050,000 elsewhere — plus 10 created jobs, takes considerably longer to process, but is open to investors of any nationality and leads to a green card, and eventually citizenship, for the investor and immediate family. An immigration attorney should confirm the right path for a specific situation; this is general information, not legal advice.

Question 6

Does buying a house or rental property in Florida qualify me for the EB-5 program?

Accepted Answer

No — simply purchasing a house, condo, or rental property does not qualify as an EB-5 investment, because the capital has to go into an active, job-creating commercial business, not into a property purchase on its own. Real estate can be part of a qualifying EB-5 project — for example, a hotel or mixed-use development that creates the required 10 jobs — but the investment has to fund business operations that create those jobs, not just the building itself, and the money has to be genuinely at risk rather than sitting in a guaranteed-return purchase. This is one of the most common misconceptions foreign investors bring to EB-5. Anyone combining real estate and EB-5 should have both an EB-5 immigration attorney and a project specialist review the specific structure before wiring any funds — this is general information, not legal advice.

Question 7

What documents do I need to prove the source of my EB-5 investment funds, especially if the money is a gift or loan from family?

Accepted Answer

You need a clear, documented paper trail showing exactly how the money was earned, saved, or received, tracing back through every step — gifted or borrowed funds are allowed, but they require extra paperwork proving the giver's or lender's own lawful source of funds as well. Typical documents include several years of tax returns, bank and brokerage statements, business ownership or sale records, property sale or refinance paperwork, gift letters or loan agreements, and, for gifted or borrowed funds, proof of the donor's or lender's own income or asset history. Because an incomplete source-of-funds file is one of the most common reasons EB-5 petitions get delayed or denied, this documentation should be assembled early, with an EB-5 attorney, well before a specific project is chosen — this is general information, not legal advice.

Common questions from foreign investors buying in Florida