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Residence by investment in the United States is not a municipal program run by a single city such as Burlington. Instead, lawful permanent residence obtained through investment is governed at the federal level through the EB-5 Immigrant Investor Program administered by United States Citizenship and Immigration Services. Under EB-5, a qualifying foreign investor makes a qualifying investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. Successful applicants and eligible family members may receive conditional lawful permanent resident status, which can later be converted into unconditional green cards when program requirements are met.
If you plan to live, invest or start a business in a Burlington in any state, you also need to consider state and local rules that affect real estate purchases, business formation, licensing, zoning, local taxes and employment. Those local rules vary by state and by the specific Burlington you mean, so identifying the correct jurisdiction is an important first step.
Residence by investment cases involve immigration law, securities and investment law, corporate and commercial law, tax law and local land use and licensing rules. Common situations where legal help is essential include:
- Preparing and filing EB-5 petitions and associated immigration forms to meet strict evidentiary and timing requirements.
- Verifying that an investment offering is compliant with federal and state securities laws, and drafting or reviewing offering documents and subscription agreements.
- Structuring the investment vehicle and business entity in a way that meets both immigration and U.S. tax objectives.
- Proving lawful source of funds, which requires gathering and presenting financial, banking and business records that satisfy USCIS standards.
- Handling conditional permanent resident removal petitions to show job creation and compliance with EB-5 conditions.
- Advising on local land use, zoning, permits and licensing when buying property or establishing a business in Burlington, and negotiating purchase agreements.
- Tax planning for both federal and state taxation, including the tax implications of real estate ownership, business profits and cross-border reporting obligations.
For an investor planning to live or operate in Burlington, local and state laws intersect with federal immigration requirements. The most relevant legal areas to check are:
- Federal immigration law - EB-5 eligibility rules, petition forms I-526 and I-829, conditional resident processes, and USCIS evidentiary standards.
- Securities law - many EB-5 projects raise funds as securities. Offerings may need registration or state-level notice filings, and broker-dealer or investment advisor rules may apply.
- Business formation and registration - state Secretary of State requirements for forming LLCs, corporations or limited partnerships used in EB-5 projects, and business licensing at the city or county level.
- Land use and zoning - Burlington municipal zoning, building permits, environmental compliance and local planning approvals if the investment involves real estate development or adaptive reuse projects.
- Employment and labor laws - compliance with state and federal wage, hour and immigration-related employment rules for the jobs that the EB-5 investment must create.
- Taxation - federal income tax, state income tax, property tax, sales tax and local assessments that vary by state and municipality. Also plan for U.S. reporting rules for foreign investors and potential tax treaty impacts.
- Consumer protection and real estate disclosure laws - state laws that require specific disclosures to purchasers and tenants, as well as rules governing real estate brokerage and escrow practices.
Because Burlington can refer to locations in different states, confirm the governing state and county to review the exact municipal codes, zoning maps and local tax schedules that will apply.
In the United States, "residence by investment" generally refers to obtaining lawful permanent residence through the EB-5 Immigrant Investor Program. An investor places capital into an eligible commercial enterprise that creates or preserves at least 10 full-time U.S. jobs. If the petition is approved, the investor and qualifying family members may receive conditional green cards and later petition to remove conditions.
The basic steps are: choose and structure an eligible investment; document the lawful source of investment funds; file the initial petition with USCIS (often I-526 or a successor form); if approved, apply for conditional permanent residence through adjustment of status or consular processing; after roughly two years, file a petition to remove conditions and demonstrate that the investment created the required jobs and met program requirements.
Federal EB-5 investment thresholds have changed over time and can depend on whether the investment is in a targeted employment area - a TEA. Historically there have been two tiers, with a lower threshold for TEA investments. Because amounts and definitions can be adjusted by statute or regulation, you should confirm the current thresholds with an immigration lawyer and USCIS resources for the precise figures that apply when you invest.
A TEA is a geographic area that has high unemployment or is a rural area. Investments made in TEAs historically qualified for a lower investment threshold. TEA designation is determined by state agencies or USCIS criteria, depending on current rules. Whether a project qualifies as a TEA can materially affect the minimum investment and the attractiveness of a project.
A regional center is an entity designated or acknowledged under program rules that sponsors EB-5 projects and can use indirect and induced job calculations to meet job creation requirements. Direct projects require the investor to create 10 direct full-time jobs through the enterprise. Regional center projects historically made it easier to meet job creation criteria, especially for projects with jobs created indirectly. Each route has different legal, reporting and economic-risk profiles.
Processing times vary by case, route, and by USCIS workload and visa availability. The timeline includes petition adjudication, visa availability under the immigrant visa bulletin, consular processing or adjustment of status, and the conditional status period of roughly two years before filing to remove conditions. Delays can occur due to processing backlogs, requests for evidence, or retrogression in visa availability.
Yes. The EB-5 investor can typically include a spouse and unmarried children under age 21 as derivative beneficiaries. They follow the principal investor through the petition, conditional status and removal of conditions process, subject to the same timing and visa availability constraints.
USCIS requires detailed documentation to show that investment funds were obtained lawfully. Common documentation includes tax returns, corporate records, sale or transfer documents for assets, bank records, loan agreements if borrowing is permitted under program rules, and forensic accounting trace evidence. The level of documentation can be extensive and must satisfy USCIS standards for tracing funds from their origin to the EB-5 investment.
EB-5 does not require the investor to live in a particular city where the investment is made. The program focuses on the investment and job creation. However, local residency may be relevant for state tax residency, business operations or for practical reasons if you plan to oversee the investment, run a business or live in Burlington. Consult a tax lawyer to understand state residency rules and potential tax consequences.
Key risks include project failure leading to loss of investment and potential denial of removal of conditions, visa retrogression and long wait times, failure to prove lawful source of funds, securities compliance issues that could trigger enforcement actions, and tax or regulatory surprises at the state or local level. Thorough legal and financial due diligence and coordinated counsel in immigration, securities, tax and local real estate or business law help mitigate these risks.
Useful organizations and government bodies to consult include:
- United States Citizenship and Immigration Services - EB-5 program office and guides for filing requirements and policy updates.
- United States Department of State - for immigrant visa bulletin and consular processing information.
- Internal Revenue Service - for federal tax rules and international reporting obligations.
- Securities and Exchange Commission - for federal securities rules that may apply to investment offerings.
- State securities regulator in the state where the investment or offering is located - for state-level securities compliance.
- State Secretary of State - for business formation and registration procedures.
- Local Burlington city planning, building and zoning departments - for permits, land use approvals and property rules applicable to your specific Burlington.
- Local county clerk or recorder - for property record searches and title issues.
- American Immigration Lawyers Association - for locating experienced immigration counsel.
- State bar association and local bar or immigration and business law practitioners - to verify attorney credentials and for referrals to experienced local counsel.
- Local economic development agency or chamber of commerce in Burlington - for insights into local business climate and development incentives.
If you are considering residence by investment in Burlington, take these steps to protect yourself and advance your case:
- Confirm which Burlington and which state and county will govern your investment, real estate purchase or business operations, so you can research the correct local laws and taxes.
- Schedule an initial consultation with an immigration attorney experienced in EB-5 matters to review eligibility, VC-vs-direct options, and current investment thresholds and timelines.
- Engage complementary counsel early - a securities attorney and a tax lawyer - so the investment is structured to address immigration, regulatory and tax concerns together.
- Begin assembling documentation that traces the lawful source of funds, including financial records, contracts and tax filings, and work with counsel to identify any gaps to remedy.
- Perform rigorous due diligence on any EB-5 project or regional center - review offering documents, business plans, job creation methodology, financial projections, developer track record and escrow mechanisms.
- If your investment involves real estate or operating a business in Burlington, contact the local planning and building department to confirm zoning, permit and development requirements, and consult local counsel for negotiation and purchase agreements.
- Ask prospective attorneys for references and examples of EB-5 cases they have handled, fee structures, estimated timelines and how they coordinate with tax and securities counsel.
- Keep copies of all documents and correspondence and maintain clear, contemporaneous records of funds transfers and contracts to support future filings.
Working with coordinated legal advisors and doing careful local due diligence will give you the best chance of a successful immigration outcome while protecting your investment and compliance with Burlington and United States laws.
