1. Immigration Status and the Impact on Property Transactions
June 19, 2018
Brent Huddleston
Huddleston Law Group, PLLC

2. Over $365 billion in foreign CRE investment since 2010
FORBES STORY: Why Foreign Investors Love U.S. Commercial Real Estate, and Why More Will Follow (5/30/18)
Over $365 billion in foreign CRE investment since 2010
Investors seek stability, options, liquidity
Most active countries: China, Mexico, Canada, UK

3. Background - Key Players
U.S. Department of Homeland Security
- Contains USCIS, ICE, CBP
U.S. Department of State
- Controls U.S. Consulates 3

4. Categories of Immigration Status
U.S. Citizenship
Legal Permanent Residency
Green Card
Nonimmigrant Visa

5. Non-Immigrant Visa Categories
Each has specific eligibility criteria
Temporary v. Dual intent
Some allow for spouse employment
Different processing times
Different validity periods
All allow for purchase of real estate

6. Selected Visa Categories
B-1: Business visitors
B-2: Tourists
F-1: Students
H-1B: Specialty Occupation Workers
L-1: Intracompany Transferees
E-2: Treaty Investors
O-1: Extraordinary Ability
Country Specific Visas: (TN, H-1B1, E-3)

7. Immigrant Visa Options
Spouse/immediate relative 
family-based green card
Extraordinary ability/managers
& executives  EB-1
Advanced degree  EB-2
Bachelor’s degree  EB-3
$500k  EB-5

8. EB-5 Category for Immigrant Investors
Investor must invest $500k or $1 million in a new commercial enterprise
Investment amount is $500k if investment is in a TEA
Investment must create full-time employment for at least 10 U.S. workers
Regional center v. direct investment
Program set to expire Sept. 30, 2018

9. EB-5 Regional Center Investment
Regional Center is an entity designated by the USCIS that focuses on a geographic area
Investment into a RC may be passive
Most RCs are in TEAs for lower investment amount of $500,000
Job creation may be indirect

10. EB-5: Advantages Can avoid backlogs in other EB categories
Only viable investor option for countries without E-2 temporary visa (China, India, Brazil)
Minimum investment amount has remained consistent since 1990

11. DACA DACA: Deferred Action for Childhood Arrivals
Provides employment authorization for certain eligible applicants
Program was set to end March 5, 2018
Currently in litigation/applications still being accepted

12. Temporary Protected Status
TPS granted for countries with environmental disasters or armed conflicts
10 countries currently have TPS status
Current administration has announced end dates for 6 countries
98% of TPS grantees to be affected – roughly 317,000 immigrants

13. Driver’s License/SSN
Only foreign nationals authorized to work can get SSNs
Lawful presence required for Texas DL; not for SSN

14. Title Issues Must have proper identification (DL or Passport)
Mexican matricular consular generally not accepted
If out of the country, can use U.S. Consulate for notary
Contact title company in advance

15. Takeaways Tune in for buzz words
Ask if clients have considered immigration issues
Consider title issues
Keep timing in mind
E.g. – TN = 1 week; H-1B can take > 1 year

16. Brent Huddleston brent@huddlawgroup.com www.huddlawgroup.com
Questions?
Brent Huddleston