Best Golden Visa Lawyers in Wyoming

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Avanti Law Group
Wyoming, United States

Founded in 2010
5 people in their team
English
Avanti Law Group specializes in immigration law, criminal defense, divorce and child custody, civil litigation, wage and hour cases, and related matters, delivering high quality, cost effective and innovative solutions for individuals, families and businesses across Michigan. The firm's approach...
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1. About Golden Visa Law in Wyoming, United States

The term Golden Visa in the United States generally refers to the EB-5 Immigrant Investor Program. There is no separate Wyoming state program for a Golden Visa; residency benefits come from federal immigration law. Wyoming residents pursue federal pathways just like residents of other states.

Under the EB-5 program, an eligible investor must invest in a U.S. business and create or preserve at least 10 full-time jobs. After approval, investors obtain conditional permanent residence for two years, then request removal of conditions to gain permanent residency. A Wyoming-based project can satisfy the job creation requirement if it meets federal standards and shows legitimate funds and employment creation.

Wyoming offers a business-friendly environment, including no state personal income tax and access to diverse investment opportunities. However, state law governs how you form and operate an investment vehicle in Wyoming, including potential tax implications and corporate governance. Consult a solicitor or attorney with experience in both immigration and Wyoming business law to align federal immigration goals with state requirements.

Federal EB-5 requirements focus on investment, job creation, and lawful funds, not on a state program. For official guidance, use government sources such as USCIS and DOS.

Source: USCIS EB-5 program

2. Why You May Need a Lawyer

Engaging a lawyer is essential to navigate the EB-5 process from Wyoming and protect your investment. Below are real-world scenarios where legal counsel is important.

  • Assessing TEA status and project eligibility. You want to invest in a Wyoming-based development and need to determine if the area qualifies as a Targeted Employment Area (TEA) under current rules. An attorney helps evaluate unemployment data and state designations used to justify TEA status.
  • Due diligence on an investment vehicle. You are offered an EB-5 project via a Wyoming LLC or regional center and must assess sponsors, projected job creation, and fund flow controls to avoid fraud or misrepresentation.
  • Provenance of funds and anti-money-laundering checks. You must document the source of funds and avoid prohibited sources of funds. A solicitor helps compile bank records, gift documents, and business sale steps required by USCIS.
  • Filing I-526 and responding to RFEs. After choosing a project, you may receive a Request for Evidence from USCIS. An experienced attorney provides a timely, accurate response and preserves your timeline.
  • Derivative eligibility for family members. You need to plan for a spouse and children, including timelines for adjusting status and maintaining eligibility for dependents throughout the process.
  • Business formation and governance in Wyoming. If you form a Wyoming LLC or corporation for the investment, you need counsel on statutes governing ownership, taxation, and compliance with state corporate law.

3. Local Laws Overview

There are no Wyoming-specific statutes that govern Golden Visa programs, because EB-5 is a federal program. The relevant laws are therefore federal immigration statutes and regulations, along with Wyoming’s state-level business formation rules used to create investment vehicles.

Federal foundation for Golden Visa programs includes the Immigration and Nationality Act and its implementing regulations. Key concepts include investor eligibility, the I-526 immigrant petition, and the removal of conditions via I-829 after two years. For the latest federal guidance, refer to USCIS and DOS resources.

Important federal references you should know: - Immigration and Nationality Act (INA) provisions on employment-based immigrant visas - 8 C.F.R. Part 204 and 8 C.F.R. Part 216, governing immigrant petitions by entrepreneurs and removal of conditions - The EB-5 Reform and Integrity Act of 2022, which reauthorizes the regional center program and updates investment amounts and job-creation rules

Wyoming-specific corporate and business options support EB-5 investments made in the state. If you form an investment entity in Wyoming, you will be subject to Wyoming’s corporate and LLC statutes and related filings. For official state guidance on business formation, you can consult the Wyoming Legislature and the Wyoming Secretary of State.

Official federal guidance on the EB-5 program is available here: - USCIS EB-5 - Immigrant Investor Program - DOS - EB-5 Investor Visa Information

Wyoming-specific business information and resources are available from the Wyoming Business Council and the Wyoming Legislature: - Wyoming Business Council - Wyoming Legislature

4. Frequently Asked Questions

The following questions cover common concerns from basic to advanced, focusing on Wyoming residents pursuing EB-5 options.

What is the Golden Visa path for Wyoming residents?

The Golden Visa path in Wyoming follows the federal EB-5 Immigrant Investor Program, requiring an investment and job creation to qualify for conditional permanent residence. The process is governed by federal law and does not vary by state residency.

How much must I invest to pursue EB-5 today?

The standard EB-5 investment is currently $1,050,000, or $800,000 if the investment is in a targeted employment area. These amounts are set by federal law and can be adjusted over time.

Do I need to create 10 jobs directly or can indirect jobs count?

Direct jobs may be counted without a regional center. Indirect and induced jobs may count if invested through a regional center project, subject to current USCIS rules.

When should I file the I-526 petition?

File I-526 after you have selected an eligible project and secured acceptable documentation of funds and project viability. Processing times vary and can be lengthy.

Where do I file my I-526 and later I-829?

Initial I-526 is filed with USCIS. After approval and two years of conditional residence, you file I-829 to remove conditions. Your attorney coordinates the filings and timelines.

Why might I need a Wyoming-based attorney if I live elsewhere?

A Wyoming-licensed solicitor can handle state-level filings for investment vehicles and provide guidance on how Wyoming laws intersect with federal immigration requirements.

Can I use a Wyoming LLC to hold the EB-5 investment?

Yes, many investors form Wyoming LLCs to hold the investment. You need counsel to ensure proper structure, fund control, and compliance with both federal immigration requirements and Wyoming corporate law.

Should I be concerned about the source of funds?

Yes. USCIS requires clear documentation showing lawful source and transfer of investment funds. An attorney helps assemble the necessary provenance evidence.

Do I qualify if I have dependents?

Yes. Immediate family members (spouse and unmarried children under 21) typically accompany the investor and may obtain derivative eligibility along with the investor.

Is a Wyoming investment project safer with a regional center?

Regional centers allow more flexibility for job counting and project structure, but they involve different oversight and risk profiles. Discuss options with a qualified solicitor.

What is the timeline from investment to permanent residence?

Typical EB-5 timelines span several years, depending on petition processing, visa availability, and administrative steps. Wyoming-specific delays usually relate to the federal processing queue rather than state actions.

5. Additional Resources

6. Next Steps

  1. Define your immigration and investment goals. Clarify whether you seek permanent residency for yourself alone or with dependents, and specify the Wyoming-based investment sector you favor. Timeline: 1 week.
  2. Identify a qualified immigration solicitor with EB-5 experience. Look for a Wyoming-licensed solicitor or attorney with proven EB-5 track record and references. Timeline: 2-3 weeks.
  3. Gather funds provenance documentation. Collect bank records, asset sale documents, and gift letters to prove lawful source of funds. Timeline: 4-6 weeks.
  4. Evaluate investment options in Wyoming. Compare direct investments vs regional center projects, including job estimates, timelines, and risk profiles. Timeline: 4-8 weeks.
  5. Prepare and file I-526 with USCIS through your solicitor. Ensure all project-specific information and funds documentation are complete. Timeline: 6-12 months for initial filing, plus processing time.
  6. Plan for conditional residence and eventual removal of conditions. Work with your attorney to monitor timelines for I-829 and maintain residency requirements. Timeline: 2+ years.
  7. Monitor evolving federal rules and Wyoming-related governance. Stay informed about changes in EB-5 law, and Wyoming corporate filings affecting your investment vehicle. Timeline: ongoing.
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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.