Can an E-2 Treaty Investor own passive real-estate investments?
E-2 investors are expected to focus their work on the U.S. business that supports their visa. That authorization is tied to a specific enterprise and a defined set of activities described in the E-2 petition. Questions can arise when an investor also holds interests outside that operating business, particularly where ownership does not necessarily involve day-to-day activity.
In this context, the distinction between ownership and operation is important.
E-2 status authorizes work only within the scope of developing and directing the approved enterprise. Activities that involve working in or actively operating a separate business fall outside that scope. The regulations do not specifically address passive investment ownership or income derived from assets that do not require the visa holder to perform services or labor.
Because the analysis turns on the nature of the activity rather than ownership alone, how a particular arrangement is treated can depend on the specific facts involved. An immigration attorney can help assess whether a given investment structure remains consistent with E-2 requirements.
Sources:
- Electronic Code of Federal Regulations (eCFR). https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2
- U.S. Citizenship and Immigration Services (USCIS). https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors