How do u.s. immigrantion regulations impact global real estate

U.S. immigration regulations and procedures can be complex and rules change frequently.  As a real estate practitioner, even if you focus on global real estate,  you are not expected to, nor should you attempt, to play the role of an immigration attorney.  However, foreign real estate investors want (and need) to know how U.S. visa regulations may impact access to their properties. The U.S. government places few restrictions on ownership of real estate by foreign individuals and companies, making it fairly easy for international investors to purchase U.S. properties.  But before a foreign buyer makes a purchase, they need to understand that their access to the property may be limited in terms of permissible entry and length of stay.  The type of visa a foreigner has been issued can make an enormous difference.

Real Estate professionals should not offer advice about immigration and visa matters; however, they should be aware of visa regulations. General knowledge of visa matters can help the real estate professional alert foreign buyers and sellers so that they can seek expert advice and make informed decisions.  Below is information regarding different visa types.  If you are working with global clients, this information should be on your radar.

Visa Waiver ProgramThe Visa Waiver Program (VWP) allows citizens of participating countries to travel to the United States without obtaining a visa, for stays of 90 days or less for tourism or business.  Those who wish to stay longer need to apply for a visa.  It is important to note that Canadian citizens do not fall under VWP.  They may stay in the U.S. for up to six months.

The following are examples of activities permitted while in the United States on the VWP[1].

Business:

• consult with business associate
• attend a scientific, educational, professional, or business convention or conference
• attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
• negotiate a contract

Tourism:

• vacation
• visit with friends or relatives
• medical treatment
• participation in social events hosted by fraternal, social, or service organizations
• participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

The following are some examples of activities not permitted on the VWP and require visas for travel to the United States:

• study, for credit
• employment
• work as foreign press, radio, film, journalists, or other information media
• permanent residence in the United States

As real estate professionals, it’s important to know that VWP visitors may view and purchase residential or business property, survey sites for an investment or business venture, and sign contracts. However, they may not remain in the country to manage a business or seek employment.