Best Residence by Investment Lawyers in Delaware

About Residence by Investment Law in Delaware, United States

Residence by Investment refers to immigration programs that allow individuals to obtain residency rights, often leading to a green card and eventually citizenship, by making a significant financial investment in the host country. In the United States, this is most commonly accomplished through the federal EB-5 Immigrant Investor Program, which is available nationwide, including Delaware. Delaware itself does not provide a separate state-level Residence by Investment program, but the state is a popular location for setting up businesses due to its investor-friendly corporate laws and favorable tax structure. Through the EB-5 program, qualifying individuals and their families may become eligible for lawful permanent residence by investing in a new commercial enterprise that creates jobs for U.S. workers.

Why You May Need a Lawyer

Navigating the complex landscape of U.S. immigration law, federal regulations, and business formation requirements can be overwhelming. Legal assistance is often crucial for:

• Evaluating eligibility for the EB-5 or similar investment programs
• Ensuring compliance with both federal immigration law and Delaware’s corporate statutes
• Structuring business investments to meet the job-creation and capital requirements of the EB-5 program
• Handling documentation, source of funds inquiries, and compliance with anti-money laundering regulations
• Responding to requests for evidence or navigating denials and appeals
• Helping investors avoid fraud and scams often associated with investment-based visa opportunities
• Advising on tax implications for both the individual and their business

Local Laws Overview

Delaware is renowned for its business-friendly legal environment, largely due to the flexible and well-established Delaware General Corporation Law. While Residence by Investment is regulated federally, Delaware’s local regulations come into play when forming entities such as corporations or limited liability companies (LLCs) that serve as investment vehicles. Some key aspects include:

• Ease of business formation and low initial costs
• Confidentiality provisions for company owners
• Attractive tax regime, including no state income tax on businesses not operating within Delaware
• Robust legal framework and specialized Court of Chancery for resolving business disputes
• Registration and reporting requirements for Delaware entities

Frequently Asked Questions

What is the minimum investment required for residence by investment in Delaware?

The federal EB-5 program requires a minimum investment of $1,050,000, or $800,000 if investing in a targeted employment area. These figures are set federally, not by the state.

Does Delaware have its own residence by investment program?

No, Delaware does not offer a state-level residence by investment program. Investors typically use the federal EB-5 program and may choose Delaware for business incorporation.

Can I get a green card by starting a business in Delaware?

Starting a business in Delaware may help satisfy EB-5 requirements if it qualifies under job creation and investment thresholds, but you still need to follow federal immigration procedures.

How long does the EB-5 process take?

Processing times vary, but the EB-5 process can take several years from application to receiving a green card, depending on factors like case volume and country of origin.

Do I need to live in Delaware if I invest there?

The EB-5 program does not require investors to live in the same state as their investment, including Delaware, but they must intend to reside in the United States permanently.

What is a targeted employment area (TEA)?

A TEA is a rural area or an area with high unemployment. Investments in TEAs qualify for the lower $800,000 EB-5 investment threshold.

What business types qualify for the EB-5 program in Delaware?

Qualifying businesses include new commercial enterprises that create or preserve at least 10 full-time jobs for U.S. workers. This can include corporations, LLCs, partnerships, or sole proprietorships.

What documentation do I need to provide for an EB-5 application?

You will need to submit proof of a legal source of investment funds, business plans, corporate formation documents, job creation evidence, and personal identification documents.

Can I use a loan for my investment?

Loans are permitted if they are secured by the applicant’s personal assets and not by assets of the new U.S. business.

Will my family be eligible for green cards through my investment?

Yes, spouses and unmarried children under 21 may be included in your EB-5 application and can receive lawful permanent residence if your application is approved.

Additional Resources

If you are seeking more information or assistance, consider contacting or reviewing guidance from the following:

• U.S. Citizenship and Immigration Services (USCIS): The primary government body responsible for EB-5 and immigrant investor processing
• Delaware Division of Corporations: For guidance on setting up a business entity in Delaware
• American Immigration Lawyers Association (AILA): Connects you with qualified immigration attorneys
• U.S. Securities and Exchange Commission (SEC): For guidance about investment compliance and avoiding fraud
• Department of State: For information about visas and consular processing

Next Steps

If you are interested in pursuing residence by investment in Delaware, start by gathering thorough documentation about your finances and proposed investment. Consider consulting with an immigration attorney who specializes in EB-5 or investment-based immigration to assess your eligibility and structure your investment to meet federal and Delaware legal requirements. Be cautious of scams or unproven investment opportunities, and always verify the credentials of anyone offering legal or financial advice. Starting early and seeking expert assistance will help you navigate the process with confidence and improve your chances of success.