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About Golden Visa Law in Islandia, United States

In the United States there is no program officially called a Golden Visa. The closest functional equivalent is the federal EB-5 Immigrant Investor Program, which allows eligible foreign investors to obtain permanent residence by making a qualifying at-risk investment in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. Islandia is a village in Suffolk County, New York, and while the immigration rules are federal, local business, real estate, zoning, and tax rules in and around Islandia can affect how an EB-5 or other investment-based strategy is structured and executed.

Under current federal law, the minimum EB-5 investment amount is generally 1,050,000 dollars, or 800,000 dollars if the investment is in a project that meets Targeted Employment Area criteria or is an approved infrastructure project. Investors can invest directly in their own enterprise or through a USCIS-designated regional center. Other U.S. visas sometimes viewed as Golden Visa alternatives include the E-2 Treaty Investor visa for nationals of treaty countries and certain employment and multinational executive-manager categories, but those have different rules and do not automatically provide permanent residence.

Because immigration benefits are federal, you can live in Islandia and invest anywhere in the U.S. that suits your goals and compliance needs, provided you meet all program requirements.

Why You May Need a Lawyer

Investment-based immigration has many moving parts. A lawyer can help you choose the right pathway, document your funds, and stay compliant with both immigration rules and local regulations. Common situations where legal help is valuable include evaluating whether your project qualifies, structuring a business in New York, reviewing offering documents for a regional center investment, and planning for family immigration and tax impacts.

Typical reasons to retain counsel include assessing EB-5 eligibility and strategy, preparing and filing I-526 or I-526E petitions and any concurrent applications for work-travel authorization, documenting the lawful source and path of funds across multiple accounts or jurisdictions, reviewing private placement memoranda and escrow arrangements to understand risks and fees, coordinating with project developers and fund administrators to track job creation and sustainment, preparing I-485 adjustment of status or consular processing, planning for the conditional residence period and the I-829 petition to remove conditions, and ensuring your Islandia or Long Island business complies with New York and local requirements on formation, licensing, employment, payroll, tax, zoning, and building permits.

Lawyers also help mitigate fraud risk, monitor changes in federal policy, and coordinate with tax advisors so that immigration plans align with U.S. federal and New York State tax obligations.

Local Laws Overview

Immigration eligibility is governed by federal law, but if you plan to live in Islandia or invest in a business or property on Long Island, New York State and local rules will apply to how you operate.

Business formation and registration in New York typically occur through the New York State Department of State Division of Corporations. Many investors use corporations or LLCs. New York LLCs have a publication requirement within a set timeframe after formation. You may also need to register a Doing Business As name, obtain an Employer Identification Number with the IRS, and register for New York State taxes with the Department of Taxation and Finance.

Licensing and permits depend on your industry. For brick-and-mortar operations in or near Islandia you may need zoning approvals, building permits, certificates of occupancy, signage permits, health permits for food service, or professional licenses. Depending on the project location, you may interact with the Village of Islandia Building Department, the Town of Islip planning and building departments, Suffolk County agencies, and New York State agencies. Always verify jurisdiction because parts of your project may be governed at village, town, county, and state levels.

Employment law compliance is critical. New York has specific rules on minimum wage, overtime, paid sick leave, anti-discrimination, workers compensation insurance, unemployment insurance, and new hire reporting. Correct worker classification and I-9 verification are essential.

Real estate transactions in Suffolk County typically involve attorney-reviewed contracts, title insurance, and local transfer taxes. Zoning and land use rules affect redevelopment, hotel and hospitality uses, and signage. If your investment involves construction, local codes, inspections, and contractor licensing rules will apply.

Tax considerations include federal income tax, New York State income tax, and potentially New York sales and use tax. Property owners pay Suffolk County property taxes and applicable special district charges. Green card holders are generally taxed on worldwide income, so pre-immigration tax planning with a qualified advisor is advisable.

For Targeted Employment Area determinations under EB-5, USCIS now controls the methodology. Whether a project in or near Islandia qualifies as high unemployment TEA depends on current census tract data and federal rules. Rural TEA status is unlikely on Long Island given metropolitan classification, but a project-specific analysis is required.

Frequently Asked Questions

What is the U.S. equivalent of a Golden Visa for someone living in Islandia

The closest equivalent is the federal EB-5 Immigrant Investor Program. It provides a path to permanent residence for qualifying investors who make an at-risk investment and create at least 10 full-time jobs. You can reside in Islandia while investing anywhere in the United States.

How much do I need to invest for EB-5

The minimum is generally 1,050,000 dollars. If the project qualifies as a Targeted Employment Area or as an approved infrastructure project, the minimum is 800,000 dollars. These thresholds are set by federal law and are subject to future adjustments.

Can I just buy a home in Islandia and get a green card

No. Purchasing residential property does not qualify for EB-5. Your investment must be in a new commercial enterprise, your capital must be at risk, and the investment must create at least 10 full-time jobs for qualifying U.S. workers. Owning rental property alone is not sufficient unless structured as a qualifying job-creating enterprise that satisfies all EB-5 rules.

What is the difference between direct EB-5 and regional center EB-5

Direct EB-5 typically involves investing in and actively engaging with your own enterprise, and only direct jobs count toward the 10-job requirement. Regional center EB-5 involves investing through a USCIS-designated entity that can count a combination of direct and certain indirect jobs under economic models, subject to statutory limits. Each option has distinct risks, fees, and documentation requirements.

How long does the EB-5 process take

Timelines vary by case type, country of chargeability, and government processing backlogs. Many investors file the I-526 or I-526E petition, then either apply for an immigrant visa abroad or file an I-485 adjustment of status in the United States if eligible. Conditional residence is typically granted for 2 years, after which you file the I-829 petition to remove conditions. Actual processing times can range from many months to multiple years.

Can my spouse and children get status through my EB-5 case

Yes. Your spouse and unmarried children under 21 can usually obtain derivative status. The Child Status Protection Act may help some children avoid aging out, but timing is fact specific. A lawyer should analyze your family timeline against current visa availability and processing trends.

Do I have to live near my investment in Islandia or elsewhere

No. EB-5 does not require you to live near the project. After obtaining permanent residence, you can live anywhere in the United States, including Islandia, subject to general residence and travel rules for green card holders.

Can I finance my EB-5 investment with a loan

Loans can be acceptable if they are secured by your personal assets and you are personally and primarily liable for repayment. The invested funds must be your own at risk. Loans secured by the assets of the new commercial enterprise generally do not qualify. Documentation of the lawful source and path of funds is critical.

What happens if the project does not create 10 jobs

If the required jobs are not created within the allowed timeframe, USCIS can deny the I-829 petition to remove conditions. Some regional center projects plan job creation cushions, but there are no guarantees. Careful due diligence, conservative job modeling, and ongoing monitoring are essential risk controls.

What other visas might work if I do not qualify for EB-5

Depending on your nationality and background, options may include the E-2 Treaty Investor visa, L-1 intracompany transferee, EB-1C multinational manager-executive, and various employment-based categories. These options have different eligibility criteria, investment thresholds, and benefits. They are not identical to a Golden Visa and may not lead directly to a green card.

Additional Resources

United States Citizenship and Immigration Services EB-5 Immigrant Investor Program Office. U.S. Department of State Visa Bulletin. U.S. Securities and Exchange Commission Office of Investor Education and Advocacy. Financial Industry Regulatory Authority resources on investment professionals. Internal Revenue Service. New York State Department of State Division of Corporations. New York State Department of Labor. New York State Department of Taxation and Finance. Suffolk County Clerk. Village of Islandia Building Department. Town of Islip Planning and Building Departments. Suffolk County Industrial Development Agency. Local Small Business Development Centers and SCORE chapters.

Next Steps

Clarify your goals. Decide whether your priority is permanent residence, speed to work authorization, business control, or capital preservation. This informs whether EB-5 direct, regional center, or a different visa is best.

Engage qualified professionals. Consult an experienced U.S. immigration attorney and, for Islandia or Long Island projects, a New York business or real estate attorney. Retain a licensed financial advisor and a tax professional to align immigration plans with investment risk and tax exposure.

Prequalify your funds. Assemble evidence of the lawful source and path of funds, including tax returns, bank statements, sale agreements, loan documents, and gift affidavits. Identify any foreign exchange, transfer controls, or tax clearance steps needed.

Evaluate projects carefully. For regional center offerings, review offering documents, risk factors, fees, capital stack, job creation models, third-party fund administration, and audit rights. For direct projects in or near Islandia, confirm zoning, permits, staffing plans, and realistic timelines for job creation.

Confirm visa availability. Review current visa bulletin data with your attorney and determine if concurrent filing of adjustment of status and work-travel applications is possible if you are lawfully in the United States.

Plan compliance and operations. If forming a New York entity, handle incorporation or LLC formation, publication if applicable, tax registrations, licenses, workers compensation, unemployment insurance, payroll setup, and I-9 procedures. Coordinate with local building and planning departments for any premises.

File and monitor. Prepare and file the I-526 or I-526E petition with complete supporting evidence. Track receipts, biometrics, requests for evidence, and any post-filing work-travel documents. After conditional residence is granted, maintain records to support the I-829 filing.

This guide provides general information, not legal advice. For personalized guidance on Golden Visa alternatives in Islandia and throughout the United States, consult a qualified immigration attorney licensed in the United States and, as needed, New York counsel for local business and real estate matters.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.