IMMIGRATION LAW AND the basics for selling real property to clients who do not hold U.S . citizenship

1. IMMIGRATION LAW AND the basics for selling real property to clients who do not hold U.S. citizenship Presented by Mary Carmen Madrid-Crost, Esq.

2. The Legal Mandate Can citizens of foreign countries purchase real estate ? YES. The United States does not impose restrictions on foreign buyers of real estate as long as the buyer or a third party is willing to finance the transaction. Also, the foreign buyer must have the requisite documentation to be able to pay real estate taxes or capital gains tax if the property is sold in the future.

3. The Legal Mandate The foreign buyer needs either one of the following – • Tax identification number (TIN) • Social Security Number (SSN) • Federal Employer Identification Number (FEIN) If the buyer is a business organization • IRCA Immigration Reform and Control Act, effective Nov. 7, 1986 • Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

4. The Legal Mandate If foreign nationals are not restricted from buying real estate, why would the buyer’s immigration status matter? • To obtain a social security number - issued only to those who are authorized to work; • To be able to remain in the U.S. if the condition of the purchase is for the property to be the buyer’s primary residence; and • To encourage a potential buyer to consider purchasing real estate after becoming aware of options to carry out business in the U.S. • IRCA Immigration Reform and Control Act, effective Nov. 7, 1986 • Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

5. What are the two types of foreign nationals who can be potential real estate buyers? A. Non-Immigrantswho are presently in the U.S. or who are about to come in on some type of a visa B. Residents (conditional or permanent) or those who will soon become permanent residents pursuant to an approved immigrant petition The Legal Mandate • IRCA Immigration Reform and Control Act, effective Nov. 7, 1986 • Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

6. The Legal Mandate Non-Immigrant Visas • Visas requiring maintenance of residence abroad • Visas allowing dual intent • Other non-immigrant visas

7. Visas Requiring Maintenance of Residence Abroad • B1/B2: Business visitors/visitors for pleasure • H-2B: Temporary workers for less than a year due to seasonal, intermittent, peak-load, and one time only situations (see link for H-2B Participating Countries) • F-1: Academic students • M-1: Vocational students • J-1: Au pair to post-doctoral professionals • Q-1: Cultural exchange • R-1: Religious workers The Legal Mandate

8. The Legal Mandate Visa Waiver Program • May enter the U.S. for 90 days without a visitor’s visa • Applies to citizens of certain countries pursuant to DHS policy (see link for countries participating in the Visa Waiver Program) • Violation disqualifies the individual from this program

9. Visas Allowing Dual Intent – no restriction to apply for the non-immigrant visa Dual intent allows issuance of a non-immigrant visa despite pending immigrant petition • E-1, E-2: Treaty trader, treaty investor (see link for Treaty Countries) • H-1Bs: Specialty occupation worker • L-1: Intra-company transferee executive, manager or specialized knowledge worker • O-1: Individuals of extraordinary ability or achievement business, sciences or the arts • P-1, P-2 , P-3: Athlete, artist, entertainment group The Legal Mandate

10. Other non-immigrant visa types • Diplomats • NATO • International Media • Law Enforcement Related Visas: S – material witnesses to the prosecution of a crime T – victims of severe form of human trafficking U – victims of certain crimes There are other types of non-immigrant visas but are not applicable in the context of buying or selling real estate. The Legal Mandate

11. The Legal Mandate Immigrant Visas Unless the visa is immediately available as defined by law, visas are issued on a priority date system. Visas are immediately available to: • Immediate Relatives • Beneficiaries of the following types of employment-based immigrant petition - • Outstanding Professionals • Multinational Executives Outstanding Researchers and Professors • Exceptional Ability Aliens • Advanced Degree Professionals (except China and India) • Special Immigrant Religious Workers • Other Special Immigrants

12. Immigrant Visas Family Based Immigration The Legal Mandate

13. Immigrant Visas Employment Based Immigration The Legal Mandate

14. The Legal Mandate Immigrant Visas • Diversity Visas (Visa Lottery) • Asylees and Refugees with credible fear of persecution based on race, religion, nationality, social group and political opinion • VAWA - Violence Against Women Act (which also protects men who experience abuse) • Holders of T and U visas can apply for the green card as well.

15. The Legal Mandate Immigrant Visas Cancellation of Removal • 10 years of continuous physical presence • good moral character • existence of qualifying relatives: US citizen or permanent resident spouse, parent or child who will suffer extreme hardship if the individual is removed from the United States.

16. The Legal Mandate Conclusion Realtors can be in a better position to strategically expand their market as they inform potential real estate buyers of visa options they may qualify for through the help of licensed, reliable and knowledgeable immigration professionals. To make sure that potential buyers do not fall prey to notorious non-licensed immigration services that tend to thrive in the immigrant communities, please visit www.stopnotariofraud.org.

17. Useful Links Visa Waiver Program Counties http://www.dhs.gov/files/programs/content_multi_image_0021.shtm H-2B Countries http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=812f47c25cbe4310VgnVCM100000082ca60aRCRD&vgnextchannel=3381c0ed71f85110VgnVCM1000004718190aRCRD Treaty Trader and Treaty Investor Countries http://travel.state.gov/visa/fees/fees_3726.html Diversity Visa (Visa Lottery) Countries http://travel.state.gov/visa/immigrants/types/types_1322.html Stop Notario Fraud www.stopnotariofraud.org The Legal Mandate

18. Questions and Answers

20. About the Madrid Crost Law Group The Madrid Crost Law Group is an established law firm fully concentrating in immigration and naturalization law.  For more than 15 years, the Madrid Crost Law Group has been committed to delivering the highest quality of immigration compliance solutions and legal defense to a broad spectrum of clientele, individuals as well as business organizations, with issues pertinent to the field of immigration law.  All of the law firm attorneys are members of the American Immigration Lawyers Association (AILA).  Its principal attorney has taken an active role in AILA’s national committee on consumer protection and unauthorized practice of law, and has taken a leadership role in the local committee for workplace enforcement.