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Residence by investment, often referred to as investor visa programs, allows foreign nationals to obtain lawful residence in the United States by making significant financial investments. In Alabama, as in the rest of the United States, there is no state-specific residence by investment law. Instead, individuals pursue U.S. residency through federal programs like the EB-5 Immigrant Investor Program. Under EB-5, eligible individuals can invest in a new commercial enterprise that creates or preserves jobs, potentially leading to a green card. Alabama welcomes foreign investment, and many regional projects within the state may qualify for such investment programs. However, navigating these processes requires understanding the intersection of federal immigration law and state-specific business regulations.
Legal guidance is crucial for those considering residence by investment because these applications involve complex federal immigration law, investment due diligence, and compliance with both state and local business regulations. Common situations where professional legal help is especially valuable include:
A lawyer experienced in residence by investment can help protect your interests, increase the likelihood of approval, and ensure full legal compliance.
While the residence by investment process is federally regulated, Alabama state laws still play a vital role. Here are key local law aspects relevant to investors:
Failing to account for these local requirements can jeopardize the success of your residence by investment application.
The EB-5 program allows eligible foreign investors and their families to become lawful permanent residents by investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs in the United States.
Investments must be made in a qualified, approved enterprise. Some projects may be affiliated with federally designated regional centers in Alabama, which can make meeting requirements easier for investors.
Currently, the minimum investment is 1,050,000 US dollars, or 800,000 US dollars if investing in a targeted employment area (TEA) or through an approved regional center.
Yes. While the application is federal, you must follow Alabama’s business, employment, and tax laws for your investment to remain in compliance.
Real estate investments may qualify if they meet all EB-5 criteria, such as creating required employment and forming part of a qualified enterprise.
The process can take from two to five years or more, depending on various factors such as project approval, visa availability, and adjudication times.
Yes. Your spouse and unmarried children under 21 can also apply for lawful permanent residency as derivative beneficiaries.
Investment returns are not guaranteed, and failing to comply with program requirements may lead to denial of residency. Due diligence and legal counsel are strongly recommended.
You are generally free to live anywhere in the United States, but some regional center projects may encourage local residency.
You do not have to be involved in day-to-day management, but you must have a policy-forming role, as defined by EB-5 requirements.
Consider consulting the following resources for more detailed information and support:
If you are considering residence by investment in Alabama, start by consulting with a qualified immigration attorney experienced with both federal EB-5 requirements and Alabama business law. Gather your financial records and research potential investment opportunities carefully. Ensure you understand your responsibilities under both federal and state laws. Legal professionals can help you assess investment projects, assist in application filing, and represent your interests in any proceedings. Take proactive steps now to ensure your application is thorough, compliant, and positioned for success.
