Best Residence by Investment Lawyers in Katy
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Find a Lawyer in KatyAbout Residence by Investment Law in Katy, United States
Residence by investment in the United States usually refers to immigration pathways that link capital investment or business activity to lawful permanent residence. The most common federal program used for this purpose is the EB-5 Immigrant Investor Program, which lets a qualifying investor and eligible family members apply for conditional lawful permanent residence after making a qualifying investment that creates or preserves jobs in the United States. Other investment-related pathways include nonimmigrant investor visas such as the E-2 treaty investor visa and business strategies that can later support immigrant petitions, such as intracompany transfers under L-1 followed by employment-based green cards.
In Katy, Texas, the rules that determine eligibility and processing are federal immigration laws administered by U.S. Citizenship and Immigration Services and the U.S. consular system. Local considerations in Katy are mainly transactional and regulatory - for example, business formation, real estate purchases, local permitting, zoning and state securities compliance - all of which can affect whether an investment qualifies under federal immigration standards and whether a business will operate successfully after arrival.
Why You May Need a Lawyer
Residence by investment matters combine complex federal immigration requirements with state and local business, real estate and securities laws. A lawyer can help in multiple ways:
Assessment of eligibility - determining whether you meet the immigration criteria for EB-5, E-2, L-1 or another route, and whether your proposed investment or business plan will qualify.
Structuring the investment - advising on entity formation, ownership, and fund structures to meet immigration, tax and liability goals while complying with federal and state securities laws.
Document preparation and filings - preparing the EB-5 petition, E-2 application, supporting business plans, job creation evidence, and responses to requests for evidence from USCIS.
Due diligence and risk management - reviewing regional center offerings, project projections, operating agreements, and real estate purchases to identify legal, financial and regulatory risks.
Regulatory compliance - advising on Texas securities registration or exemptions, federal securities disclosures, state business registrations, local permits, and employment law obligations after hiring staff in Katy.
Tax and immigration planning - coordinating immigration strategy with U.S. and international tax planning, including advising on state residency issues, income tax considerations and cross-border reporting obligations.
Dispute resolution and litigation - representing investors in disputes with developers, regional centers, or governmental agencies, and handling appeals or administrative reviews if petitions are denied.
Local Laws Overview
Although immigration law is federal, several local and state rules in Katy and Texas will affect a residence-by-investment plan:
State taxes - Texas does not have a personal income tax. That can be an advantage for residents. However, Texas uses property taxes, sales taxes and franchise taxes to fund government operations. Property tax rates vary by county and school district.
Counties and municipalities - Katy spans parts of Harris, Fort Bend and Waller counties and is served by multiple municipal authorities and school districts. Business registration, building permits, zoning approvals and inspections are handled at the city or county level depending on where the business or property is located. Developers and business owners must follow Katy municipal codes and county rules for land use and construction.
Business formation and state filings - business entities operating in Katy must register with the Texas Secretary of State. Typical entity choices include limited liability companies and corporations; each has different implications for liability, taxes and governance.
Securities regulation - investment offerings may be securities under federal and state law. The Texas State Securities Board enforces state securities laws and requires issuers to either register offerings or qualify for an exemption. EB-5 offerings, pooled investment funds and other structured investments often involve federal securities disclosure rules as well.
Employment and labor - Texas employer obligations include wage and hour laws, unemployment insurance registration, payroll tax withholding and other employer duties. Texas is an at-will employment state, and workers compensation is not mandatory in all situations but must be considered.
Real estate and property - purchasing residential or commercial property in Katy involves county appraisal districts for property tax assessment, municipal permitting for development, and compliance with homeowners association covenants if applicable. Texas does not impose a real estate transfer tax.
Local licensing - certain business activities require local licenses or permits, from health department approvals for food businesses to professional licensing for regulated occupations.
Frequently Asked Questions
What is the EB-5 program and how does it work for a person who wants to live in Katy?
The EB-5 program requires an investor to make a qualifying investment in a new commercial enterprise that creates or preserves at least ten full-time jobs for U.S. workers. Investors can invest directly in a local business in Katy or participate through a regional center project. If the investor meets USCIS requirements, they and qualifying family members can receive conditional permanent residence and later apply to remove the conditions to obtain permanent green cards. EB-5 is a federal program, so approvals are through USCIS and consulates, but local project feasibility, job creation and compliance with Texas law are critical to success.
How much money do I need to invest for EB-5 and E-2 visas?
Minimum investment amounts vary and are set by federal regulation and policy. EB-5 historically has two thresholds: a higher standard amount and a lower amount for investments in targeted employment areas or projects meeting specific criteria. E-2 requires a substantial investment but does not have a fixed numeric threshold - the investment must be sufficient to start and run a viable enterprise. Exact amounts can change over time, so consult an immigration lawyer for current figures and for advice on which program suits your situation.
Can I buy a house in Katy and use that purchase to get permanent residence?
Buying residential real estate alone does not qualify as a basis for U.S. permanent residence. Residence by investment programs require eligible investments that create jobs or meet specific immigration criteria. Real estate purchases may form part of an investment enterprise if they are part of a larger qualifying commercial project that meets EB-5 or other program requirements, but a personal home purchase by itself will not grant immigration status.
What are regional centers and can I use one located near Katy?
Regional centers are USCIS-designated entities that sponsor EB-5 projects and can use indirect and induced job creation models to meet job-creation requirements. An investor can invest in any approved regional center project nationwide, not only locally. Many investors choose projects with strong economic feasibility and transparent management; a regional center need not be physically located in Katy for an investor in Katy to participate. Careful due diligence is essential when selecting a regional center project.
Will my business in Katy need special state registrations or licenses?
Yes. Businesses in Katy must register the entity with the Texas Secretary of State if they form an LLC or corporation. They may also need a sales tax permit from the Texas Comptroller if selling taxable goods or services, local permits from the city or county for operations and building permits for construction, and industry-specific licenses depending on the activity. Check local municipal codes and county rules where the business will operate.
Do I need to comply with state securities laws if I invest through a pooled fund or raise money?
Most pooled investment offerings are treated as securities under federal and state law. You will likely need to register the offering or qualify for an exemption both federally and under Texas law. The Texas State Securities Board enforces state securities laws. Securities counsel can advise on registration, exemption filings, disclosure documents and investor suitability requirements.
What local taxes and fees should I expect when moving to Katy?
Texas has no personal state income tax. However, you will likely face property taxes assessed by county appraisal districts and local taxing authorities, sales taxes on purchases, and business franchise taxes if your entity meets the filing thresholds. Local permit fees, impact fees for new developments and school district levies can affect property-related costs. A local tax advisor can give precise estimates based on your plans.
How long does it take to get a green card through an investment route?
Timing varies by program and individual circumstances. EB-5 processing includes filing a petition, which can take many months to several years depending on USCIS processing times, visa availability and whether consular processing or adjustment of status is used. After conditional permanent residence is granted, investors must wait approximately two years before filing to remove conditions, and that petition is reviewed before final permanent status is confirmed. Nonimmigrant investor visas like E-2 can be much faster for temporary residence but do not by themselves lead directly to a green card.
Can I run the business myself in Katy or do I have to be a passive investor?
Requirements depend on the visa category. EB-5 investors may be actively involved in a direct investment or be limited partners in certain structures, but they must show that their investment created the required jobs. E-2 investors generally must be involved in the development and direction of the enterprise. Your intended level of management should match the immigration category you pursue; immigration counsel can help design an operating structure that satisfies both immigration and business objectives.
How do I find a qualified lawyer in Katy to handle both immigration and business issues?
Look for attorneys or law firms with documented experience in EB-5 and investor immigration plus local business law, securities and real estate experience in Texas. Ask about their recent case history, success rates, references, fee structure and whether they coordinate with tax advisers and local counsel. A full-service approach or a coordinated team of specialists - immigration counsel, securities counsel, tax advisor and local business attorney - is often necessary for complex investor matters.
Additional Resources
When seeking legal or practical help for residence by investment in Katy, consider consulting these types of organizations and government bodies for authoritative information and filings:
U.S. Citizenship and Immigration Services - primary federal agency administering EB-5, E-2 and other immigration petitions.
U.S. Department of State - consular processing, visa bulletin and immigrant visa information.
Texas Secretary of State - business entity formation and state-level filings.
Texas State Securities Board - state securities rules and guidance for offerings in Texas.
Internal Revenue Service - federal tax obligations for new residents and businesses.
Local county appraisal districts and finance offices in Harris County, Fort Bend County and Waller County - property tax assessment and local tax information for property and businesses in the Katy area.
City of Katy municipal offices - permitting, zoning and local business licensing information.
Local chambers of commerce and economic development organizations - practical information about doing business in Katy, workforce and local incentives.
Next Steps
1. Clarify your goals - decide whether you want temporary residency, a direct route to permanent residence, or simply to invest and relocate for business reasons. Your goals will determine the best immigration strategy.
2. Gather basic documentation - personal identification, proof of funds and their lawful source, business plans or investment proposals, and any prior U.S. immigration history or criminal record information.
3. Schedule consultations with experienced attorneys - interview immigration counsel with EB-5 and investor visa experience and a local Texas business attorney. Ask about their experience with similar cases, fee structures, the need for co-counsel such as securities or tax specialists, and communication expectations.
4. Perform due diligence on projects and partners - if you plan to invest in a regional center or local project in Katy, retain counsel to review offering documents, pro forma financials, contracts, developer history and exit strategies.
5. Coordinate tax and business planning - consult a tax advisor familiar with cross-border issues and Texas business taxes to structure the investment in a tax-efficient and compliant way.
6. Prepare and file the appropriate petitions - work with your counsel to assemble accurate evidence, draft business plans and file petitions or visa applications with USCIS or the appropriate consulate.
7. Maintain compliance - after approval, follow continued requirements such as job creation reporting for EB-5, business operation requirements for E-2, tax filings and local licensing renewals.
If you are unsure where to start, arrange an initial consultation with a qualified immigration attorney who can review your situation and recommend the most suitable path and the local specialists you will need in Katy. Legal guidance early in the process helps reduce risk and improves the chance that your investment will support a successful immigration outcome.
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.