Best Residence by Investment Lawyers in New Hampshire

About Residence by Investment Law in New Hampshire, United States

Residence by Investment, often referred to as “Golden Visa” or “Investor Visa” programs, is a general term describing legal pathways for foreign nationals to obtain temporary or permanent residency in a country based on significant financial investment. In the United States, there is no specific state-based Residence by Investment program-residency through investment is governed at the federal level. The most well known path is the EB-5 Immigrant Investor Program, which grants conditional legal residency (green card) to investors and their families if they meet certain criteria set by U.S. Citizenship and Immigration Services (USCIS). However, the choice of where to reside, such as New Hampshire, can significantly affect your experience, lifestyle, taxes, and local regulatory requirements.

Why You May Need a Lawyer

Navigating the Residence by Investment process is complex, involving federal immigration law, tax law, business law, and sometimes state specific requirements. Here are some situations where you may benefit from legal guidance:

• Understanding and selecting the best investment type or project for your residency application
• Assessing eligibility and documenting the legal source of investment funds
• Complying with federal and New Hampshire state tax laws
• Handling the paperwork, petitions, and deadlines for USCIS filings
• Responding to Requests for Evidence (RFEs) from USCIS or other authorities
• Overcoming denials, appeals, or dealing with complex family situations
• Integrating your business investment into New Hampshire's legal and business environment
• Protecting your assets and planning for estate, succession, or exit strategies

An attorney can clarify your responsibilities, guide you through pitfalls, ensure compliance, and help you achieve your goals efficiently.

Local Laws Overview

While Residence by Investment is federally regulated, living and investing in New Hampshire brings unique considerations:

• State Taxes: New Hampshire has no state income tax on wages and does not tax capital gains or earned income. However, there are taxes on interest, dividends, and local property taxes.
• Business Formation: If your investment involves starting or buying a business, you must comply with New Hampshire's local business registration, employment, and zoning laws.
• Real Estate: If investing in property, understand New Hampshire’s real estate purchase obligations, transfer taxes, and local property tax regulations.
• Residency Requirements: Permanent residency after EB-5 approval is a federal status, but to benefit from state policies or taxes, you may need to establish domicile according to New Hampshire regulations, such as obtaining a state driver’s license, registering vehicles, or physically residing in the state for significant periods.
• Education and Healthcare: Residency status may impact access to local public schools and healthcare services.
• Legal Protections and Obligations: Investors should be aware of state consumer protection, employment laws, and other regulatory requirements.

A qualified lawyer familiar with both immigration and New Hampshire state law is essential for ensuring your investment meets all relevant legal standards.

Frequently Asked Questions

What is the EB-5 Immigrant Investor Program?

The EB-5 Program allows foreign investors to obtain a U.S. green card by investing at least 1,050,000 dollars, or at least 800,000 dollars in a targeted employment area, in a new commercial enterprise that creates or preserves at least ten full time jobs for U.S. workers.

Can I specifically apply for Residence by Investment in New Hampshire?

No, you cannot apply on a state by state basis. The EB-5 visa is a federal program, but you can choose to invest in a New Hampshire based business or project, and become a resident of the state after immigrating.

What types of investments qualify for the EB-5 Program?

Qualifying investments generally include new commercial enterprises or participation in regional center projects, often in sectors like real estate, hospitality, healthcare, or technology. The investment must be at risk and generate required employment levels.

How do state taxes in New Hampshire affect EB-5 investors?

New Hampshire offers a favorable tax environment with no broad based state income tax on wages and no general sales tax. Investors, however, should account for taxes on dividends, interest, and property. Consultation with a tax professional is recommended to understand your personal and business tax obligations.

What are “Targeted Employment Areas” in New Hampshire?

Targeted Employment Areas (TEAs) are rural areas or locations with high unemployment, where the required EB-5 investment is reduced. Determining if your New Hampshire investment qualifies as a TEA requires careful analysis and documentation.

How long does the EB-5 process take?

Processing times can vary and often take several years due to application review, background checks, and visa availability. Current timelines can be checked through USCIS updates, but delays are common.

Is permanent residency guaranteed after investment?

No. The investment must meet all legal requirements, including job creation. USCIS reviews the business and employment outcomes before granting unconditional permanent residency after a two year conditional period.

Can my family members obtain green cards through my investment?

Yes. Your spouse and unmarried children under 21 years old may qualify to receive green cards as derivative beneficiaries of your EB-5 petition.

What are my ongoing responsibilities as an EB-5 resident in New Hampshire?

You must maintain your residency, comply with both federal and state laws, file appropriate taxes, fulfill investment requirements, and not abandon your U.S. domicile. Failure to comply can jeopardize your status.

Do I need a local attorney in New Hampshire or a national immigration attorney?

Both can be beneficial. An immigration attorney handles the federal visa application, while a local New Hampshire attorney can advise on state specific business, real estate, and tax matters. Many law firms offer multi jurisdictional guidance or collaborate to cover all aspects of the process.

Additional Resources

Here are some organizations and governmental bodies that provide helpful information or support for Residence by Investment:

• U.S. Citizenship and Immigration Services (USCIS)
• New Hampshire Secretary of State - Corporations Division
• New Hampshire Department of Revenue Administration
• American Immigration Lawyers Association (AILA)
• New Hampshire Bar Association
• U.S. Securities and Exchange Commission (for investment due diligence)
• Local economic development corporations and Chambers of Commerce

Next Steps

If you are considering or already pursuing Residence by Investment in New Hampshire, United States, take these steps:

• Gather all personal and investment documentation, including financial records, business plans, and identification
• Consult with an experienced immigration attorney familiar with the EB-5 process and with local New Hampshire business experience
• Assess your intended investment for compliance with both federal and state requirements
• Engage qualified tax consultants to understand and prepare for your ongoing obligations
• Consider consulting local business advisors, real estate professionals, or development agencies
• Stay informed of changes in law, policy, or processing procedures impacting your application or investment

Begin by scheduling an initial legal consultation to map out your individual strategy based on your personal, family, and business goals. Legal assistance is an important step in ensuring a smooth and successful Residence by Investment process in New Hampshire.