Legal Question in Immigration Law in California

Re: H-1B visa holder and purchasing investment property

I believe it may be difficult for him tio obtain a loan from a mortgage company due to his not being a Permanent Resident. I have a client experiencing the same difficulty.

Re: H-1B visa holder and purchasing investment property

INS regulations are often quite restrictive. Visas have limitations and are designed for specific purposes. For instance, the H-1B is designed for a foreigner to work for a specific US employer. There are other factors, of course, such as degree requirement, etc. Unfortunately, the H-1B will not allow him to invest in the US. He may, however, be eligible for another type of visa which would allow him to do so, such as a nonimmigrant investor visa. I cannot say if he is eligible for this visa and would require more information about this person. You may want to ask this customer to contact me for a consultation.

I look forward to hearing from him.

Thanks.

Re: H-1B visa holder and purchasing investment property

First of all, we have to ask ourselves whether "Real Estate Coaches" really know much about immigration and visas? I would say not.

In my opinion, it should be OK for him to own the investment property if it's a passive type of investment. So, if he just sits back and collects the rents, that's not going to violate the terms of his H-1B visa. This type of visa requires him to keep working full-time for the company that petitioned for him, so as long as he keeps his day-time gig, I don't see a problem. It would become a problem if he turns into an active manager of the property and devotes time that should be spent on the real job.

This is a gray area because there's not much INS regulations, if any, on the subject. Also, the INS is not going to know that he even has investment property here because it's most likely not going to even be asked on any subsequent INS application for permanent residence he may file in the future.

Liem Doan, Esq.

Disclaimer: The above response is provided for legal information only and is

not legal advice. Such advice can only be rendered after a

attorney-client relationship has been expressly established.