Golden Visas: Residency by Investment in the United States

What is Immigration?

The U.S. immigration system lets foreign nationals enter, live, work, study, invest, seek protection, or become citizens, under rules in the Immigration and Nationality Act. Immigration pathways fall into nonimmigrant (temporary), immigrant (permanent resident or green card), and naturalization (citizenship) stages. Each path has specific forms, fees, evidence, and government agencies involved.

Nonimmigrant status is temporary and purpose-based, such as tourism (B-2), work (H-1B), study (F-1), or exchange (J-1). Immigrant status grants lawful permanent residence, typically through family, employment, humanitarian programs, or investment like EB-5. Naturalization is the process for permanent residents to become U.S. citizens after meeting residence and other statutory requirements.

Why Might You Need Legal Help with Immigration?

You may need a lawyer to choose the right path, avoid inadmissibility problems, and navigate complex filings and interviews. Attorneys help reduce delays, respond to Requests for Evidence, and handle waivers and appeals. For high-stakes routes like EB-5, H-1B, PERM, asylum, or marriage-based cases, small mistakes can cause denials or long setbacks.

A lawyer can analyze eligibility under the INA, confirm whether you should adjust status in the U.S. or do consular processing, and prepare you for interviews before USCIS or at a U.S. embassy. They also coordinate with employers on DOL labor certifications, with regional centers on EB-5 fund diligence, and with criminal or tax counsel when needed.

How Does the Immigration Process Work?

The U.S. process generally involves establishing eligibility, filing the correct petitions and applications, completing biometrics and medical exams, and attending interviews. Timing depends on visa category, priority dates, and agency backlogs. You must maintain lawful status and comply with travel and work rules throughout.

1. Identify your category: nonimmigrant, immigrant, or humanitarian protection.
2. Confirm visa availability: check the Department of State Visa Bulletin for preference categories.
3. File the petition: family uses Form I-130, employment often uses PERM then Form I-140, investors use Form I-526E, some nonimmigrants use Form I-129.
4. Choose the path to the green card: adjustment of status (Form I-485) if eligible inside the U.S., or consular processing (Form DS-260) abroad.
5. Attend biometrics and medical exam: fingerprints and Form I-693 medical by a USCIS civil surgeon.
6. Interview and decision: USCIS or a U.S. consulate reviews your eligibility, admissibility, and evidence.
7. Receive status and comply: follow work, travel, maintenance of status, and tax obligations. For conditions-based status, file removal of conditions (for example, I-751 for marriage, I-829 for EB-5).
8. Naturalize when eligible: after statutory residence and physical presence, file Form N-400 to become a citizen.

What are the Specific United States Legal Requirements?

Eligibility depends on the category and is defined in the INA and regulations. You must prove admissibility, satisfy documentary and financial requirements, and maintain lawful status where required. Many categories include interviews and security checks.

• Admissibility: no disqualifying grounds under INA 212 (8 U.S.C. 1182), or obtain waivers like 212(h) or 212(i) when eligible.
• Family: prove qualifying relationship and financial support via Form I-864 Affidavit of Support at 125 percent of Federal Poverty Guidelines.
• Employment: for many EB categories, complete PERM labor certification with DOL, then Form I-140. Some categories are exempt, such as EB-1A or NIW under EB-2.
• Investment (EB-5): invest the required amount, trace lawful source of funds, place funds at risk, and create at least 10 full-time U.S. jobs per investor.
• Nonimmigrant intent or dual intent: some visas require nonimmigrant intent (B-1/B-2, F-1), while others allow dual intent (H-1B, L-1).
• Medical and vaccines: complete Form I-693 complying with CDC vaccine and health requirements.
• Security clearances and biometrics: background checks by DHS and FBI.
• Physical presence or residence: for naturalization, meet continuous residence and physical presence at INA 316 and 319.
• Tax status: if you become a lawful permanent resident, you are generally a U.S. tax resident under the IRS green card test.

What United States Laws and Regulations Apply?

U.S. immigration is primarily statutory and regulatory, with multiple agencies administering different parts. Key sources include the INA, the Code of Federal Regulations, the Foreign Affairs Manual, and policy memoranda. Agency decisions and federal courts further interpret these rules.

• Immigration and Nationality Act, 8 U.S.C. 1101 et seq.
• Grounds of inadmissibility: INA 212, 8 U.S.C. 1182; deportability: INA 237, 8 U.S.C. 1227.
• Asylum: INA 208, 8 U.S.C. 1158; Withholding of removal: 8 U.S.C. 1231(b)(3); CAT via 8 C.F.R. parts 208 and 1208.
• Family petitions: INA 201, 203, 204; Affidavit of Support: INA 213A, 8 U.S.C. 1183a.
• Employment-based: PERM regulations at 20 C.F.R. part 656; I-140 at 8 C.F.R. 204.5; H-1B at 8 C.F.R. 214.2(h).
• Investor visas: EB-5 at INA 203(b)(5), 8 U.S.C. 1153(b)(5); regulations at 8 C.F.R. 204.6 and 8 C.F.R. 216.6; Reform and Integrity Act of 2022.
• Nonimmigrant classes: INA 101(a)(15), 8 U.S.C. 1101(a)(15); B, F, J, H, L, O, E, TN, and more.
• Naturalization: INA 316-319, 8 U.S.C. 1427-1430; Child citizenship: INA 320-322.
• TPS: INA 244, 8 U.S.C. 1254a; U and T visas: INA 101(a)(15)(U) and (T).
• Public charge rule: 8 C.F.R. 212.21 to 212.24 (DHS 2022 final rule).
• Agencies: USCIS and CBP within DHS; DOS including consulates and NVC; DOL for labor certifications; EOIR immigration courts and BIA within DOJ.

Frequently Asked Questions

What is the difference between nonimmigrant, immigrant, and naturalization?

Nonimmigrant status is temporary and purpose-limited, immigrant status gives permanent residence, and naturalization is the process to become a citizen. Many people move from a temporary visa to a green card and later to citizenship if eligible. Each stage has distinct eligibility rules and forms.

How long does a family-based green card take?

Immediate relatives of U.S. citizens often take 10 to 20 months depending on whether they adjust status or consular process. Preference categories depend on the monthly Visa Bulletin and can take several years, longer for countries with backlogs. Processing varies by USCIS field office and consulate workloads.

What are typical costs for common filings after the 2024 USCIS fee changes?

As of 2024 to 2025, typical government fees include I-130 about 675 USD, I-485 about 1,440 USD, I-140 about 715 USD, I-129 H-1B base 780 USD, I-526E 11,160 USD, I-829 9,525 USD, and N-400 760 USD. Premium processing is generally 2,805 USD for I-129 or I-140, with different amounts for I-539 and I-765. Attorney and third-party costs are separate and vary by case.

What changed about H-1B in 2024?

USCIS implemented a beneficiary-centric H-1B cap registration to reduce duplicate entries and selection abuse. Employers register each individual once, even if multiple employers file, and selections are tied to the beneficiary. The registration fee increase to 215 USD applies to the FY 2026 season, while it remained 10 USD for FY 2025.

How does EB-5 investment immigration work and what does it really cost?

EB-5 requires investing 800,000 USD in a targeted employment area or 1,050,000 USD otherwise, creating 10 jobs, and filing I-526E then I-829 to remove conditions. Total cost usually includes 50,000 to 80,000 USD in regional center administration, 20,000 to 30,000 USD immigration legal fees, 10,000 to 20,000 USD fund subscription counsel, 11,160 USD I-526E fee, later 9,525 USD I-829, plus family adjustment or consular fees. From end to end, plan for 900,000 USD to over 1.2 million USD for a TEA investment once all fees and dependents are included.

Is real estate still common in EB-5, or are funds preferred?

Real estate projects still exist, but there has been a significant shift toward institutional-quality funds and stronger compliance after the EB-5 Reform and Integrity Act of 2022. Many investors now prefer rural set-aside projects or diversified funds to mitigate risk and access visa set-asides. Diligence on job creation methodology and fund controls is critical.

What is the difference between residency by investment and citizenship by investment?

In the U.S., EB-5 is residency by investment leading to a green card, not direct citizenship. After becoming a permanent resident, naturalization is possible after meeting residence, physical presence, and other requirements. The U.S. does not offer citizenship by investment.

Does physical presence for immigration equal U.S. tax residency?

No. Immigration presence is about complying with status rules, while tax residency is determined by the IRS green card test and the substantial presence test. A green card holder is typically a U.S. tax resident even if spending substantial time abroad unless the status is formally abandoned or treaty tie-breaker rules are invoked with caution.

What if I accrued unlawful presence?

Unlawful presence can trigger 3-year or 10-year bars under INA 212(a)(9)(B), and repeat entries can trigger a permanent bar under 212(a)(9)(C). Some applicants may use a provisional waiver on Form I-601A if they can show extreme hardship to a qualifying relative. Always consult counsel before departing the U.S. if you have status issues.

How long does naturalization take and what are the key requirements?

Typical N-400 processing is 6 to 12 months, varying by field office. Most applicants need 5 years of permanent residence, 30 months of physical presence, continuous residence, good moral character, English and civics, and state residence for 3 months. Spouses of U.S. citizens may naturalize after 3 years if they meet the statutory conditions.

When Should You Hire a Lawyer?

Hire a lawyer if your case involves status violations, arrests, prior denials, long absences, complex financials, or if you seek waivers. You should also retain counsel for employer sponsorship, PERM, H-1B, L-1, O-1, EB-1/NIW, and EB-5 investment planning. Early legal strategy can prevent problems that are expensive or impossible to fix later.

• Marriage or family cases with prior entries without inspection, 245(i) issues, or suspected public charge concerns.
• Employment sponsorship that requires PERM recruitment or complex job classifications.
• Investment immigration that needs rigorous source-of-funds tracing and project diligence.
• Removal proceedings before EOIR or appeals to the BIA or federal courts.
• Naturalization with extended travel or tax filing concerns.

What are the Next Steps?

Clarify your goal, confirm eligibility, and map your timeline and budget. Then prepare evidence and file the correct forms with the correct fees, while maintaining your lawful status and tracking your case with up-to-date processing times. Consider consulting an attorney to reduce risk and speed your path.

1. Define your target: temporary stay, green card, or citizenship.
2. Check the Visa Bulletin for immigrant preference availability and country of chargeability.
3. Gather civil documents: passports, birth and marriage certificates, police certificates when needed.
4. Budget total costs: government fees, legal fees, medical exams, translations, and travel.
5. File the initiating petition: I-130, I-140, I-526E, I-129, or humanitarian applications as applicable.
6. Plan for adjustment vs consular processing and schedule your medical exam.
7. Prepare for interview questions and bring originals of key documents.
8. After approval, follow maintenance rules: green card renewals, reentry permits, selective service if required, and tax filings.

United States Immigration Pathways, Timelines, and Total Cost

The figures below are typical ranges and can vary by case, location, and family size. Government fees reflect changes effective April 1, 2024.

Residency vs Citizenship and Physical Presence vs Tax Residency

Understanding the distinctions helps plan your travel, compliance, and tax obligations. These differences are critical for investors and mobile professionals.

Additional Details on High-Demand Categories

These categories attract many applicants due to work opportunities, residency goals, or strategic planning. Each has nuances that affect strategy, timing, and cost.

• EB-5 set-asides: The 2022 Reform and Integrity Act created reserved visas for rural (20 percent), high-unemployment (10 percent), and infrastructure (2 percent) projects. Choosing a reserved category can substantially reduce visa backlogs for some nationalities.
• EB-5 due diligence: Review offering documents, job creation methodology, escrow, fund flow, and third-party audits. Confirm that the regional center is in good standing with USCIS and compliant with integrity rules.
• H-1B compliance: Employers must file a Labor Condition Application, pay prevailing wages, post notices, and maintain public access files. Site visits and audits are common.
• PERM timing: Recruitment steps and prevailing wage determinations add months. Early planning helps align I-485 filing with current priority dates.
• Marriage-based AOS: Bring bona fide marriage evidence to the interview such as joint leases, bank accounts, taxes, and photos. Beware of INA 204(c) if any past marriage fraud is suspected.

Common Forms and Who Files Them

Using the correct form is essential to avoid rejections and delays. Many forms now have different online and paper fees after the 2024 rule.

• Family: I-130 (petitioner), I-485 (beneficiary in the U.S.), DS-260 (beneficiary abroad), I-864 (petitioner or joint sponsor), I-751 (jointly or with waiver to remove marriage conditions).
• Employment: ETA-9089 PERM (employer), I-140 (employer or self for EB-1A/NIW), I-485 (beneficiary if eligible), I-765 and I-131 for interim benefits.
• Nonimmigrant work: I-129 with relevant supplements (employer), H-1B registration (employer), DS-160 for visa stamping abroad.
• Investment: I-526E (investor in a regional center project), I-829 to remove conditions, with dependents included.
• Humanitarian: I-589 for asylum, I-918 for U visa, I-914 for T visa, I-821 for TPS.
• Citizenship: N-400, N-600 for proof of citizenship for certain children.

Medical, Security, and Public Charge

Every green card applicant must clear medical and security checks and prove they will not be a public charge where applicable. Proper documentation prevents denials and delays.

• Medical: Form I-693 by a USCIS-designated civil surgeon includes vaccinations and tests per CDC Technical Instructions.
• Security: Biometrics result in FBI background checks and name checks across DHS systems.
• Public charge: For most family-based and some employment-based cases, DHS applies the 2022 public charge rule focusing on Form I-864, household size, and income, and does not count non-cash benefits like SNAP in most circumstances.

Travel and Maintenance of Status

Travel rules depend on your status and filings. Staying compliant keeps your case on track and protects future benefits.

• Advance parole: If you file I-485, travel requires an approved I-131 advance parole unless you hold H-1B or L-1 maintaining employment. Leaving without AP can abandon the I-485.
• Reentry permits: LPRs planning to be outside the U.S. more than 6 months should consider Form I-131 for a reentry permit. Absences of 1 year without a permit can be treated as abandonment.
• F-1 and J-1: Comply with SEVIS, maintain full-time study or exchange program, and keep valid travel endorsements on I-20 or DS-2019.
• J-1 2-year rule: INA 212(e) may require 2 years in home country before changing status or adjusting, unless a waiver is approved.

Recent Changes and Practical Effects

Policy and fee changes affect budgets and timelines. Staying current helps avoid surprises.

• USCIS fee rule effective April 1, 2024 increased many filing fees and introduced online vs paper differentials. Plan budgets accordingly.
• Premium processing fees were adjusted by DHS to account for inflation, with most I-129 and I-140 premium cases costing 2,805 USD.
• H-1B beneficiary-centric registration started in 2024 for FY 2025, with a registration fee increase to 215 USD scheduled for the FY 2026 season.
• EB-5 Reform and Integrity Act of 2022 added fund oversight, independent audits, and visa set-asides that materially impact investor strategy.
• Visa Bulletin retrogression continues to affect EB-2 and EB-3, especially for India and China, making set-asides and category selection crucial.

How Do U.S. Agencies Interact on a Typical Case?

Multiple agencies may handle a single immigration path. Knowing who does what can speed your communications and expectations.

• USCIS: adjudicates most petitions and adjustments inside the U.S.
• DOS: runs the NVC, manages DS-260 and DS-160, and conducts consular interviews under the 9 FAM.
• CBP: inspects at ports of entry, issues I-94 records, and admits visitors and workers.
• DOL: certifies PERM and LCAs, sets prevailing wages.
• EOIR: conducts removal proceedings and appeals via the BIA.

How Long Will My Case Take?

Timelines depend on category, country of chargeability, agency workload, and security checks. Check USCIS processing times and the monthly Visa Bulletin. Consider premium processing if allowed.

• I-130 immediate relatives: about 10-20 months.
• PERM: 8-12 months including prevailing wage and recruitment, then I-140 plus Visa Bulletin wait.
• H-1B: registration in March, filing in April to June, start Oct 1 if approved and cap-subject.
• EB-5 I-526E: commonly 18-30+ months; I-829 often 3-4+ years.
• Adjustment of status: 8-18 months with field office variation.
• Naturalization: 6-12 months.

Documentation Checklist Highlights

Prepare early and keep everything organized. Missing documents trigger Requests for Evidence and delays.

• Identity: passport, birth certificate, national ID, photos.
• Status: I-94, prior visas, approval notices, SEVIS forms.
• Family: marriage certificates, divorce decrees, children’s birth certificates, bona fide marriage evidence.
• Financial: tax returns, W-2s, pay stubs, bank statements, employment letters.
• Investment: bank wires, tax returns, sale agreements, loan documents, fund offering documents.
• Criminal and security: police certificates where required, court dispositions.
• Medical: sealed I-693 or consular medical reports.

Risk Management and Red Flags

Spotting issues early helps you fix them before filing. Ignoring red flags can cause denials or multi-year bars.

• Status violations or unauthorized employment affecting adjustment eligibility under INA 245.
• Unlawful presence and reentry triggering INA 212(a)(9) bars.
• Misrepresentation under INA 212(a)(6)(C)(i), which requires careful waiver strategy.
• Public charge or insufficient I-864 income without a joint sponsor.
• EB-5 project risk, including job creation shortfalls or improper fund control.

How to Decide Between Adjustment of Status and Consular Processing

Choose adjustment if you are lawfully in the U.S. and eligible, or consular processing if you are abroad or ineligible to adjust. Adjustment offers work and travel benefits but requires maintaining status and often an interview at a local USCIS office. Consular processing can be faster for some cases but involves international travel and consulate scheduling.

• Adjustment benefits: EAD and advance parole while pending, ability to stay in the U.S.
• Consular benefits: no need to maintain interim nonimmigrant status, sometimes faster for immediate relatives.
• Consider bars to adjustment, unlawful presence, or 245(k) for employment cases.

U.S. Investment Immigration in Context

The U.S. offers residency by investment through EB-5 but not citizenship by investment. Compared to some countries that offer RBI or CBI, the U.S. focuses on job creation and long-term residence that can lead to naturalization. EB-5 strategy often centers on visa set-asides, rural projects, and fund oversight rather than pure real estate plays.

When Should You Hire a Lawyer?

Retain counsel as soon as you decide on a path, especially for employer sponsorship, investment, or cases with any inadmissibility risk. Early strategy avoids dead-ends and preserves options like concurrent filing or premium processing. Coordination with tax advisors is essential for investors and frequent travelers.

• Before filing any petition if you have prior denials, overstays, or criminal history.
• When evaluating EB-5 funds, regional centers, and source-of-funds documentation.
• When an RFE or Notice of Intent to Deny arrives, or when in removal proceedings.
• Before extended international travel while a case is pending.

What are the Next Steps?

Decide your goal, evaluate eligibility with a professional, and map your filing plan with fees and timelines. Prepare complete documentation and file with the correct versions of forms and addresses. Monitor case status and remain compliant with status, employment, and travel rules.

1. Book a consult to select the best category and filing sequence.
2. Create a document and deadline checklist for your case type.
3. Verify current fees and filing locations on uscis.gov and travel.state.gov.
4. File the initiating petition and track receipts in a secure case management system.
5. Complete biometrics and medical exam on time and bring originals to the interview.
6. Plan post-approval obligations such as green card renewals, reentry permits, or I-829/I-751 filings.
7. Schedule a naturalization strategy session once continuous residence and physical presence are met.