E2Brutus

I secured my E2 Visa and then applied for my real estate license, but the issuing authority (the state real estate division) put my application on hold saying that I need a letter from the INS stating that I am allowed to be employed by the broker where I will hang my license as my E2 Visa is issued in my company's name not that of the broker.

I contacted the INS and they said that they did not issue the visa so can make no such statement. I contacted the US Embassy in London and they stated that they can not help as they do not keep applications on file.

My entire E2 application was predicated on hanging my license with a broker and getting a real estate license. I included certificates of the real estate exams I took in the application stating that I would activate it once I secured by E2 visa. I specified the broker where i would hang my license. Furthermore, my application showed that I had made investments that I could only be paid fee income on once I secured my real estate license.

I am not trying to do anything that was not part of my application, but I cant actually get any revenue from my business! real estate is licensed in the US and i need a license in order to be paid the fee income payable to me under the contracts that constituted by E2 application.

Any ideas on how best to proceed? Applying for my E2 again doesn't seem to make sense as it will be the same application I guess I would just get my broker's name added to the visa - I wonder if you can have two company names.

Ray

but you saved money by not using a Lawyer ...
time to spend it now

E2Brutus

Ray - thanks. Given that you post an average of 22 times a day on this forum I really appreciate you finding the time to comment on my post and add such value. Keep up the good work in building such a warm community.

ian-mstm

Quote:

Originally Posted by E2Brutus

I contacted the INS and they said that they did not issue the visa so can make no such statement.

Visas are issued by the Department of State.


From your post in January: “Today I was granted a three year E2 Visa based on an application that I put together myself without the support of an attorney ... I am not an advocate of doing it yourself just because I did, but if you have the time and aptitude to study and interpret the guidelines then it is possible.”

By your own admission, you had the time and aptitude. With respect, Ray is right. Had you consulted an attorney prior to submitting the forms, you might not now be in this position.

Quote:

Any ideas on how best to proceed?

Yes, consult an attorney!

Ian

scrubbedexpat099

I do not think I have ever come across an E2 with a Real Estate License, not surprising I guess because they all seem to be self employed.

Presumably they are looking for a GC or an EAD.

I have come across other areas where that is required, Insurance License, Water License.

Could you not get one of your employees to front it? Do you have a spouse with an EAD?

E2Brutus

Boiler, that would be a neat solution, but I don't think my fiance has the language skills to pass the real estate exam. Plus the reality is that I want to function as a licensed real estate agent.

One solution may be to buy a brokerage with the entity that the E2 is allocated to. I am verifying this with the licensing authority.

I have heard of real estate agents on E2 - they buy a Realty Executives franchise

Finally, I am man enough to admit that if hiring and attorney to file for me would have avoided this then it would have been a good investment :-) But I reckon I'll be able to solve this!

E2Brutus

I solved the issue. If anyone on an E2 wants a real estate license they need to have a licensed broker as part of their E2 sponsoring entity, and then they hang their license with their own entity. After two years as an agent they can be the broker themselves and you no longer need to have the licensed broker (other than yourself) as part of the E2 sponsoring entity.

It is possible for an individual to be a broker to more than one entity so that makes it easier to find one, BUT that broker takes on liability for all your activities as an agent, and all the activities of any other agents that then hang their license with your sponsoring entity so you may need to remunerate them. Personally I am fine because I am doing a high volume of business with a number of brokers (as a buyer, not activities that require licensing) so I have a few to choose from.

Sorry to disappoint the posters that take glee in others misfortune. On this occasion I couldn't keep you entertained for an extended period. For those that appreciative a collaborative forum of value-add posts and shared information I hope this is of use.

ian-mstm

Good for you! Whereabouts are you going to set up shop?

Ian