Best Golden Visa Lawyers in Hawaii

About Golden Visa Law in Hawaii, United States

The term "Golden Visa" commonly refers to residency by investment programs which allow foreigners to acquire residency in exchange for substantial investments in a country's economy. In the United States, there is no specific "Golden Visa" program by name, but the closest equivalent is the EB-5 Immigrant Investor Program.

Hawaii, as a state within the United States, participates in federal immigration laws and regulations, including the EB-5 program. Through this program, eligible investors and their immediate families may become lawful permanent residents (green card holders) by investing in a qualifying commercial enterprise and creating or preserving a required number of jobs for U.S. workers. Hawaii, known for its unique position as a Pacific gateway, is an attractive destination for investment. Legal matters relating to the EB-5 program are handled in accordance with both federal regulations and Hawaii-specific business and real estate laws.

Why You May Need a Lawyer

Applying for a Golden Visa through the EB-5 program is a complex process involving substantial investment, detailed documentation, and strict compliance requirements. Legal professionals can help with the following situations:

• Understanding the full requirements and eligibility for the EB-5 program as they relate to Hawaii-based projects.
• Ensuring the investment is structured in compliance with U.S. Citizenship and Immigration Services (USCIS) rules and Hawaii state law.
• Assisting with the procurement of necessary business licenses and navigating state-specific business regulations.
• Representing clients in case of legal disputes, fraud, or issues with the investment process.
• Guiding applicants through complications in visa processing or maintaining lawful permanent residency.
• Interpreting changes in federal immigration policy and how they may impact local projects in Hawaii.

Local Laws Overview

While the EB-5 program is governed by U.S. federal law, successful investments and compliance require close attention to Hawaii-specific statutes and regulations:

• Hawaii has unique business registration, taxation, and labor regulations affecting new commercial enterprises. Not complying with these can jeopardize visa eligibility.
• Real estate investments, a common route for EB-5 applicants, are regulated under Hawaii real property and land use laws, which can affect project approval.
• State and local economic development authorities may designate Targeted Employment Areas (TEAs), which can lower the minimum investment threshold for EB-5 eligibility.
• General state-level compliance, including business practices, employment laws, and zoning, is critical for the ongoing operation of EB-5 projects.

A qualified lawyer can ensure your investment aligns with all relevant Hawaii laws, protect your interests, and improve your chances of a successful visa application.

Frequently Asked Questions

What is the "Golden Visa" in the United States?

In the United States, the term "Golden Visa" generally refers to the EB-5 Immigrant Investor Program, offering permanent residency to those who invest and create jobs.

Can I invest in any business in Hawaii for EB-5 eligibility?

No, only investments in eligible commercial enterprises that meet job creation and regulatory criteria can qualify. Detailed USCIS and state requirements must be met.

How much do I need to invest for the EB-5 program in Hawaii?

As of 2024, the minimum investment is 1,050,000 US dollars, or 800,000 US dollars if the business is located in a Targeted Employment Area designated in Hawaii.

How many jobs need to be created for the EB-5 program?

The investment must create or preserve at least 10 full-time jobs for qualified U.S. workers within two years.

Are there special rules for EB-5 investments in Hawaii?

While EB-5 rules are federal, Hawaii’s unique legal landscape, business environment, and designated TEAs can affect your investment’s eligibility and process.

Do my family members also receive green cards under the EB-5 program?

Yes, your spouse and children under 21 can apply for lawful permanent residency as your dependents in the EB-5 program.

How long does the EB-5 process take in Hawaii?

The processing time varies but usually takes 18 to 30 months. Legal assistance can help reduce delays and avoid mistakes.

What types of risks are involved in an EB-5 investment?

All investments carry risk. There is no guarantee of a return, and compliance with both federal and Hawaii state law is essential to preserve visa eligibility.

Can I use real estate as my EB-5 investment?

Yes, but the investment must be in a new commercial enterprise, and mere passive investment is not sufficient. Legal guidance is recommended for structuring such deals.

Do I need a lawyer to apply for the EB-5 program in Hawaii?

While not legally required, a lawyer is highly recommended to navigate the complex application process, local regulations, and to safeguard your investment.

Additional Resources

Below are helpful resources and organizations related to Golden Visa matters in Hawaii:

• U.S. Citizenship and Immigration Services (USCIS) for federal EB-5 information.
• Hawaii Department of Commerce and Consumer Affairs for business licensing and compliance.
• Immigration Section of the Hawaii State Bar Association for referrals and legal guidance.
• Regional Centers approved by USCIS, some active in Hawaii, which facilitate EB-5 investments.
• Office of Economic Development in Hawaii for TEA designations and economic data.

Next Steps

If you are considering a Golden Visa through the EB-5 program in Hawaii, follow these steps:

• Research the EB-5 requirements and determine eligibility for yourself and your investment.
• Consult a Hawaii-based immigration attorney with experience in EB-5 and business law to review your options.
• Prepare detailed documentation of your investment funds’ source, business plans, and compliance with Hawaii business laws.
• Work with your lawyer to file the necessary petitions with USCIS and navigate local requirements for licensing and employment.
• Stay informed about changes in both federal and Hawaii law that could affect your application and investment.

A qualified legal professional can make the process smoother, more secure, and improve your chances of successfully obtaining permanent residency through investment in Hawaii.