Best Residence by Investment Lawyers in Hawaii

About Residence by Investment Law in Hawaii, United States

Residence by investment refers to the process by which foreign nationals can obtain lawful residency rights in a country through substantial financial investment. In the United States, this is most commonly achieved through the federal EB-5 Immigrant Investor Program. Hawaii, as a U.S. state, falls under federal immigration law and does not have its own separate residence by investment program. However, its tropical climate, scenic beauty, and strategic Pacific location make it an attractive destination for prospective investors looking to gain U.S. residency or citizenship through federally designated pathways.

To qualify for a U.S. green card under the EB-5 program applicable in Hawaii, foreign investors must invest a minimum amount of capital in a new commercial enterprise, typically either $1,050,000 or $800,000 for targeted employment areas. The investment must also create or preserve at least 10 full-time jobs for qualifying U.S. workers. Other investor visa options, such as the E-2 treaty investor visa, may also be available but do not lead directly to permanent residency.

Why You May Need a Lawyer

Navigating residence by investment can be complex because it involves strict legal, financial, and immigration requirements. You may need a lawyer in the following situations:

• Assessing your eligibility for investment-based visas or residency programs
• Structuring your investment to comply with both federal and Hawaii-specific regulatory requirements
• Preparing and reviewing extensive documentation for U.S. Citizenship and Immigration Services (USCIS)
• Assisting with due diligence on investment opportunities and regional centers
• Guidance on tax implications and state-specific business obligations in Hawaii
• Resolving any legal issues if your application faces challenges or denials
• Coordinating with other legal professionals for estate planning, real estate purchases, or business formation in Hawaii

Legal professionals experienced in residence by investment can protect your interests and help the process go smoothly.

Local Laws Overview

While U.S. immigration law is federal and applies uniformly across all states, including Hawaii, residency by investment has unique regional aspects to consider:

• State Business Regulations: Hawaii requires registration for businesses operating locally. Depending on the business type, you may need to comply with licensing and consumer protection statutes.
• Real Estate Considerations: Foreign investment in Hawaii real estate is common. However, you must comply with state property laws, zoning regulations, and, in some cases, restrictions on certain types of property ownership.
• Taxation: Hawaii has its own income tax, general excise tax, and property taxes, which may apply to your business or investment. Understanding both state and federal tax implications is important.
• Regional Centers: EB-5 investments are often made through USCIS-designated regional centers that operate in Hawaii. These centers facilitate investment in projects that qualify for the program's job creation requirements.
• Employment Laws: If your investment involves hiring, you must comply with both federal labor regulations and Hawaii-specific employment laws.

Staying informed about both state and federal law ensures compliance throughout the investment and immigration process.

Frequently Asked Questions

What is the minimum investment required for a residence by investment visa in Hawaii?

The most common pathway, the EB-5 visa, requires a minimum investment of $1,050,000 or $800,000 if the project is in a targeted employment area, which may include certain places in Hawaii.

Can I buy real estate in Hawaii to qualify for residence by investment?

While buying real estate in Hawaii is allowed, simply purchasing a home does not qualify you for a U.S. residency visa. Investment must usually be made in a qualifying commercial enterprise that creates jobs.

Does Hawaii have its own residence by investment program separate from the federal government?

No, Hawaii does not have its own program. All residence by investment options are governed by federal laws such as EB-5.

What types of businesses qualify for EB-5 investment in Hawaii?

Eligible businesses can be new commercial enterprises or certain regional center projects involved in construction, tourism, agriculture, or other sectors with job creation potential.

How long does the EB-5 application process take in Hawaii?

Processing times vary but can take several years, including waiting for approval from USCIS and for visa availability.

Do I need to live in Hawaii to maintain my residency status after investment?

Once you receive a U.S. green card through investment, you have the right to live anywhere in the United States, including Hawaii, but you must demonstrate intent to remain a U.S. resident.

Are there any special tax rules for foreign investors in Hawaii?

Hawaii imposes income, property, and excise taxes which may apply to foreign investors. Consulting with a legal or tax advisor is important for understanding your obligations.

Can my family members become residents through my investment?

Yes, your spouse and unmarried children under 21 can typically obtain conditional green cards as your dependents through the EB-5 program.

What is a regional center and how does it help with my investment?

A regional center is a USCIS-designated organization that pools EB-5 investments in approved projects. Investing through a regional center can make it easier to meet job creation requirements.

What happens if my EB-5 application is denied?

If your application is denied, you may appeal or seek other legal remedies. Working with a qualified immigration attorney can improve your chances or help you understand the next steps if issues arise.

Additional Resources

If you are considering residence by investment in Hawaii, the following resources can be helpful:

• U.S. Citizenship and Immigration Services (USCIS) - for immigration visa requirements and updates
• Hawaii Department of Commerce and Consumer Affairs - to understand local business registration and licensing
• Hawaii State Tax Office - for guidance on state and local tax obligations
• American Immigration Lawyers Association (AILA) - to find qualified immigration attorneys
• USCIS Regional Center List - for approved EB-5 projects in Hawaii

Next Steps

If you are considering residence by investment in Hawaii, begin by assessing your eligibility with a qualified immigration attorney familiar with both federal and Hawaii state laws. Gather required financial and personal documentation to support your application. Explore investment opportunities compliant with EB-5 or other investor visa requirements, preferably with established regional centers in Hawaii. Consult legal professionals for due diligence, business registration, tax planning, and compliance with all local regulations. Timely legal advice helps ensure your application process is smooth and fully compliant with all applicable laws.