When International Buyers Ask: 'Can I Stay Longer?'

When clients from overseas purchase a home in Florida, it’s not unusual for them to want to spend more time here. Whether they want to come to Florida more often, stay longer or even live here year-round, you may be asked for advice.

“It’s a myth that if you buy residential real estate in Florida, you may be able to get special treatment to change your immigration status,” says Chris Robert Tinton, an attorney with Tinton Law Firm in Miami. “Realtors® should know that it’s unethical to promise any particular outcome around a visa or Green Card application.”

Still, Realtors should increase their knowledge about immigration law to attract more customers and develop strategies for real estate investors, says Christina Davidow, an attorney with Willis & Davidow in Naples.

“International clients tend to be loyal since they don’t have a lot of contacts in the U.S., so developing a niche with these clients can result in a lucrative pipeline of business,” she says.

Visa Options

Some international investors handle their transactions remotely using digital notarizations, so they don’t need to be concerned about visas, says Jo Ann Koontz, an attorney with Koontz & Associates in Sarasota. For buyers who intend to visit their Florida property, you can be helpful and explain that there are nuances to visas that are determined by the U.S. Citizenship and Immigration Service (USCIS), she says.

“For example, with some visas you can’t stay 90 days and then leave and come right back for another 90 days, but you can come back four or five times in one year and stay for a week or two at a time,” Koontz says. “The important thing to know is that the rules change frequently and the countries to which various rules apply change often, too. There isn’t a brush you can paint everyone with, and it’s dangerous to make real estate investments based on generalizations.”

Connecting clients to an immigration expert may be necessary, but first it pays to be familiar with typical options.

“[You must] understand the distinction between nonimmigrants and immigrants,” Davidow explains. “Nonimmigrant visas are designed for visitors to the U.S. and are different from programs that may lead to a more permanent legal status.”

• B-1/B-2 Visitor Visas: A visitor or business visa works for most buyers in Florida, with the length of stay depending on their home country. Visitors from Canada and Bermuda don’t need a visa for short stays.

“Typically, you can stay up to six months with a visitor visa,” says N. Betty Gonzalez, an attorney with the Law Offices of N. Betty Gonzalez in Coral Gables. “These are typically valid for 10 years, but you have to follow the rules and not overstay the visa.”

Visitors can request an extension through USCIS, but they need to do so well in advance of their visa expiration date and may or may not be approved.

• Visa Waiver Program: Residents of numerous countries, including most of Europe, the U.K., Japan, Australia, New Zealand and Singapore, are eligible for the Visa Waiver Program (VWP). This allows visits of up to 90 days without a visa, but that period cannot be extended. Each visitor must have an Electronic System for Travel Authorization (ESTA) waiver. If visitors from a VWP country want to stay longer, they may apply for a B-1 visa.

• E-2 Nonimmigrant Investor Visas: Citizens of countries with a treaty may be eligible for an E-2 visa that allows them to stay in the U.S. as long as two years with extensions of two years at a time if they invest in a viable business in the U.S.

“The biggest category of visas we see are for E-2 investors,” Davidow says. “Realtors® can help their clients purchase a home and identify a business to buy or a building where they can locate a business.”

While many countries in Europe, Latin America and Asia have a treaty that allows investor visas, Brazil and Peru do not, Tinton points out.

“If you’re investing just to have the opportunity to live in the U.S., that’s not likely to work,” Gonzalez says. “You need to invest in a business, which can be as a real estate investor generating rental income.”

There’s no minimum investment required, but generally a substantial investment of at least $200,000 to $250,000 is a rough guideline, Koontz says. The business must generate income, but the investor can have another source of income, too, she says.

“For example, an IT professional can work remotely in the U.S. and buy a landscape business with a manager to run it,” Koontz says.

• EB-5 Immigrant Visa. Investors with deep pockets who are willing to invest $1,050,000 (or $800,000 in a rural area or one with high unemployment) may be eligible for an EB-5 visa. “The EB-5 is the Cadillac of visa programs,” Davidow says.

This program allows the investor and their spouse and children under 21 to apply for a Green Card after two years if they preserve or generate at least 10 jobs in the U.S. “A real estate developer may be eligible for an EB-5 visa if they invest enough funds in a development, but you can’t just buy a million-dollar house and become eligible,” Davidow says. “You have to prove you have a viable business.”

• H-1B Immigrant Visas: An employer must apply for an H-1B visa for a highly skilled, highly paid professional from another country. In addition to the application process, employers must pay a fee of $100,000 for an employee to be eligible for an H-1B visa. This program provides a path to a Green Card for those who are approved.

• L-1 Nonimmigrant Visas: An L-1 visa may be an option for a foreign employee of a U.S.-based multinational company. “If you’re an owner or C-suite executive in your country and open a subsidiary of your business in the U.S., that may qualify for an L-1 visa,” Tinton says.

• O-1 Nonimmigrant Visas: The O-1 visa is a variation of an HB-1 visa that allows people with special skills to work in the U.S. but does not offer a Green Card option, Tinton says.

• Trump Gold Card: The Trump Gold Card program provides a permanent resident visa to foreign nationals who pay a $15,000 processing fee and $1 million gift to the U.S. Treasury if they qualify for the program.

Your Role as a Trusted Advisor

While you’re not expected to be an expert in immigration law and should never provide legal advice, you should have some knowledge of the rules, Gonzalez says, particularly about the countries where many of their buyers come from.

“Ask buyers about their intentions, including whether they hope to use their property purchases as a vehicle for an investor visa,” Gonzalez says. “If they want a visa, you can recommend an immigration attorney, but I find that most buyers already have an attorney before they start looking for property.”

When helping foreign buyers, it’s ideal to have a team of experts including an accountant, an insurance broker, a lender and a lawyer with experience working with foreign buyers, Davidow says.

“Focus on selling, and let lawyers provide legal advice,” Tinton says. “Don’t get into explaining the nuances of immigration rules because you could make a mistake.”

If you work with international buyers, you must stay informed on state and federal policies, including potential expanded scrutiny of foreign real estate purchases for security reasons and changes to visa programs.

Florida’s Foreign Buyer Property Law

Florida’s Foreign Buyer Property Law, in effect since 2023, doesn’t directly affect immigration status, but Realtors® still need to understand its impact on citizens from a handful of countries who want to buy property in the state. The law restricts people from China, Russia, Iran, North Korea, Cuba, Venezuela and Syria from purchasing property within five to 10 miles of critical infrastructures, such as military bases, ports and airports. The rules vary according to the buyer’s country of origin, and Jo Ann Koontz points out that they apply to investors as well as those planning to visit their property. If you’re working with a buyer from one of these countries, you need to understand the limitations, guide them to compliant properties and make sure that disclosure and registration requirements are met, she says.

“It’s important to make sure your buyers understand the restrictions on purchasing property in Florida before going under contract,” attorney N. Betty Gonzalez says.

Visa Requirements by Buyer Country

Any foreign buyer visiting Florida needs a passport from their country of origin. In addition, some buyers may need a tourist or business travel visa (B1 or B2), while others may be eligible for an Electronic System for Travel Authorization (ESTA) waiver. Below are the requirements from the top five countries of origin for international buyers in Florida.

Country Visa Requirement Typical Max Stay

• Canada None Up to 6 months
• Colombia B1/B2 Up to 6 months, valid for multiple visits for 10 years
• Brazil B1/B2 Up to 6 months, valid for multiple visits for 10 years
• Argentina B1/B2 Up to 6 months, valid for multiple visits for 10 years
• United Kingdom ESTA waiver Up to 90 days

Foreign Investment in Real Estate Property Tax Act (FIRPTA)

While not related to residency status, FIRPTA can have a major impact on foreign real estate transactions.

“Every foreign buyer is eventually a seller, so it’s important that Realtors® understand FIRPTA whether they are working with international buyers or sellers,” Jo Ann Koontz says. “The concept is to make sure that foreign sellers pay capital gains tax on their property sale.”

FIRPTA mandates that 15% of the sales price must be withheld by the buyer at the settlement table and sent to the IRS to cover any potential capital gains tax owed by the seller.

Michele Lerner is a freelance real estate writer based out of Washington, D.C.