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The term "Golden Visa" is commonly used abroad to describe programs that grant residency or citizenship rights in exchange for investment. In the United States, the closest and most relevant program is the EB-5 Immigrant Investor Program. This is a federal program, not a Hawaii or Maui-specific one, and it hinges on substantial investment in a U.S. business that creates jobs.
Under the EB-5 framework, foreign investors may obtain conditional permanent residence by investing in a qualifying commercial enterprise and demonstrating that the investment will create or preserve at least ten full-time jobs for U.S. workers. In Maui and specifically Wailuku, popular project types include hospitality, real estate development, and other job-creating ventures tied to Hawaii’s tourism economy. This is a federal process, so Hawaii state or Maui County rules primarily come into play for the project’s land use, permitting, and local approvals rather than the immigration petition itself.
Because the program involves large investments and complex documentation, many applicants work with an attorney or legal counsel who specializes in immigration and investment matters. An experienced attorney can help you structure the investment, compile the source-of-funds evidence, and coordinate with the project developers and local authorities. The process also includes compliance steps to maintain good standing with U.S. authorities throughout and after the initial approval.
Source:USCIS - EB-5 Immigrant Investor Program
In Wailuku, navigating the EB-5 process benefits from dedicated legal guidance. These concrete scenarios illustrate when you should hire a Golden Visa attorney or legal counsel:
In addition to preparing immigration paperwork, an attorney can help with timeline realism, potential path-to-permanent residency, and contingency planning if project delays or regulatory changes occur. A lawyer can also help you assess the risks of changes in federal policy that may affect EB-5 programs or funding requirements. Working with a local or Hawaii-based immigration attorney increases coordination with Maui-specific permitting processes and project milestones.
The EB-5 program is federal, but local laws in Wailuku and Maui County govern land use, project permitting, and the structure of investments that occur on Maui. Key federal frameworks to understand include:
The Immigration and Nationality Act and related EB-5 regulations set the basic eligibility, investment, and job-creation requirements for immigrant investors. These provisions determine whether a project is eligible and whether you may apply for conditional permanent residence.
Under the federal regulations, certain forms and procedures guide EB-5 petitions, including the initial I-526 petition and the subsequent I-829 petition to remove conditions after two years of conditional residency. Attorneys frequently help applicants prepare evidence for partnerships, job-creation projections, and financial documentation to satisfy these requirements.
The EB-5 Modernization Final Rule, published in 2019, adjusted investment thresholds and clarified eligibility criteria for regional centers and direct investments. This rule is a central reference for how much an investor must commit and how the project must be structured to meet job creation standards. Federal Register - Immigrant Investor Program.
In 2022, Congress enacted the EB-5 Reform and Integrity Act (RIA). The RIA reauthorizes and modernizes EB-5 protections, adds new program integrity measures, and clarifies returns and reporting requirements for regional centers and investors. For an overview from the agency that administers EB-5, see USCIS guidance on the RIA. USCIS - EB-5 Reform and Integrity Act of 2022.
Locally in Maui, land use and development aspects tied to an EB-5 project may engage Hawaii's land use framework. The Hawaii Revised Statutes include provisions governing Special Management Areas (SMAs) and land use planning that can affect projects on Maui. For the SMA framework, consult the Hawaii legislature's official text and Maui County planning resources.
Key jurisdiction-specific concepts you should be aware of include the SMA permitting pathway, which requires careful coordination with the Maui County Planning Department and adherence to environmental and cultural preservation considerations. These local requirements affect project timelines and may influence investment feasibility from a compliance and permitting perspective.
Important note about sources: The EB-5 program remains federal, but local approvals can affect whether a project qualifies and how quickly a project advances. For current program details, rely on official sources such as USCIS and federal rule publications, and coordinate with a local Maui attorney familiar with the Maui Planning Department processes.
Source: USCIS - EB-5 Reform and Integrity Act of 2022
Source: Federal Register - EB-5 Modernization Rule (2019)
The EB-5 program allows foreign investors to obtain conditional permanent residence by investing in a U.S. business that creates or preserves at least ten full-time jobs for U.S. workers. It aims to stimulate job creation and economic growth, including in Maui and Wailuku's hospitality sector.
A qualifying project must be a for-profit enterprise that creates jobs and meets investment thresholds set by federal regulations. An attorney can help verify job creation plans, funding sources, and compliance with the EB-5 requirements.
Direct investments involve a standalone business that you own or co-own, with direct job creation. Regional Center projects pool investments and rely on indirect or induced jobs, which can simplify meeting the job-creation requirement but involve different governance structures.
Yes. You must demonstrate that the funds come from lawful sources and provide thorough documentation. This is a critical part of the I-526 petition and ongoing compliance.
Processing times vary widely by case and program changes. Expect multiple months to over a year in some situations, and consult an immigration attorney for current estimates.
If approved, you receive two years of conditional permanent residence and time to meet the job-creation and investment conditions. You must file I-829 within the 90-day window before the second anniversary to remove conditions.
Investment thresholds are set by current EB-5 regulations and can change. Check the USCIS EB-5 page for the latest figures and TEA definitions before proceeding.
Both paths can meet the job-creation requirement if properly documented. A lawyer can help you choose the structure that best matches your goals and project timelines.
No, physical residence in the U.S. is not a requirement to file I-526. You will need to manage your residency status and plan for eventual physical presence as your circumstances allow.
A lawyer helps compile evidence, verify sources of funds, coordinate with the project and regional center, prepare job-creation documentation, and guide you through post-approval steps to remove conditions.
Timelines vary by project, processing times, and regulatory changes. A typical path includes I-526 adjudication, consular processing or adjustment of status, two years of conditional residency, and I-829 removal of conditions.
EB-5 can lead to permanent residency, which, after several years, may qualify you for naturalization. Citizenship requires meeting additional continuous residence and physical presence requirements.
Not necessarily, but local involvement can affect permitting and regulatory compliance. An attorney can help structure the investment to align with Maui planning requirements while you manage the process remotely if needed.
Prepare a business plan or project overview, sources of funds documentation, corporate and personal financial records, and any prior immigration history. Bringing project timelines and local permitting information helps tailor legal strategy.
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