Foreign Investment in Austin Commercial Real Estate

Foreign Investment in Austin Commercial Real Estate | Overview

Are you a foreign investor or business that wants to make a foreign investment in Austin Commercial Real Estate as a new home for your business? If so, this blog article is for you providing an overview of the process involved to purchase commercial real estate in Austin Texas.  To preface this article, you should contact a legal professional with direct experience in US Citizenship and Immigration services if you have deeper questions as you move along.

EB-5 is predicated on having a accepted Green Card (permanent residence) if they do the following:.


  • Make the necessary investment in a commercial enterprise in the United States; and
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

Foreign Investment and EB-5 Visa Overview Austin Office market

The EB-5 program was created by the US Congress in 1990 to stimulate the US economy through job creation and capital investments made by foreign investors.  Investors may also qualify for EB-5 classification by investing in regional centers designated by the USCIS.  The Regional Center Program has been extended thru Sept 30,2019.  Here are some of the rules  for a new commercial enterprise:

  • All EB-5 Foreign investors must invest in a new commercial enterprise which is a commercial enterprise :
  • Established after November 29 1990 or
  • Established on or before November 29,1990 that is:

“1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or 2. Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs”

Commercial Enterprise is deemed as a means for any profit activity formed for the ongoing conduct of lawful business practices, these can be

Sole proprietor, Partnerships, Holding company, Joint ventures, Corporation , Business trust or public or private entity.


Job Creation Requirements

A  new commercial enterprise must create full time positions for a minimum of 10 employees , for new commercial enterprises that are not located in the regional centers the full time positions created will be counted.  For move information on the Job Creation Requirements, click the respective link on this blog page.

Funding and Financing for Foreign Investment Austin Commercial Real Estate

Foreign investments in commercial real estate in Austin obviously require capital.  When reaching out to the commercial real estate brokerage, a potential buyer-investor from a foreign country should be willing and able to provide proof of funds.  Whether you are a cash buyer or financing your purchase, you should be able to provide documentation showing your ability to close on a transaction before a brokerage such as Shire Commercial can move forward.  Also in correlation to the above subject matter, a foreign investor should provide proof of a green card in place and that they have met the EB-5 rules for foreign investment in commercial real estate in Austin.