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Find a Lawyer in TacomaAbout Residence by Investment Law in Tacoma, United States
Residence by investment in the United States most commonly refers to the EB-5 Immigrant Investor Program. EB-5 enables qualifying foreign investors and certain family members to obtain conditional lawful permanent residence by making a qualifying investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. There is no federal program that grants residency simply for buying a home - the investment must meet EB-5 requirements or another investor-related visa category, such as E-2 or L-1, which have different rules and do not directly provide permanent residence in all cases.
In Tacoma, Washington, investors participate in EB-5 either through a direct investment that they operate themselves or through a regional center project that pools capital into economic development projects. Local factors - such as the regional economy, real estate market, zoning rules and permitting processes - will affect the viability and structure of investment projects based in Tacoma or Pierce County.
Why You May Need a Lawyer
Residence by investment cases involve immigration law, securities law, business law and local regulatory matters. An experienced lawyer can help in many common situations:
- Evaluating which route is appropriate - EB-5 direct investment, EB-5 regional center, E-2 treaty investor, or an L-1 intracompany transfer.
- Performing due diligence on an EB-5 regional center project - assessing job creation methodology, financial feasibility and compliance with securities rules.
- Structuring the investment so it satisfies USCIS rules - ensuring the investment is at-risk, eligible and properly documented.
- Preparing and filing immigration petitions - I-526 or related petitions, adjustment of status filings or consular processing, and later I-829 petitions to remove conditions.
- Documenting lawful source of funds - collecting and organizing the financial paper trail required by USCIS.
- Handling denials, Requests for Evidence or appeals - responding to USCIS questions and, if needed, representing you in appeals or motions.
- Addressing state and local legal matters - business formation, real estate purchase, local permits, zoning and environmental compliance in Tacoma.
- Coordinating tax, estate and family matters - U.S. tax residency implications, estate planning and structuring for family members.
Local Laws Overview
While EB-5 is a federal immigration program administered by U.S. Citizenship and Immigration Services, several local and state legal aspects are especially relevant when you invest in Tacoma:
- Zoning and land use - Tacoma and Pierce County have specific zoning codes that affect real estate projects, mixed-use developments and commercial permits. Development projects must comply with local planning and permitting requirements.
- Building codes and permits - construction projects need local building permits, inspections and compliance with state building codes and environmental regulations.
- Business formation and licensing - businesses based in Tacoma must register with the Washington Secretary of State, obtain city or county business licenses, and comply with any industry-specific licensing requirements.
- Washington tax environment - Washington state has no personal income tax, but there are business taxes, sales taxes and property taxes to consider. Local property tax assessments affect ongoing costs for real estate projects.
- Securities regulation - pooled EB-5 projects may be treated as securities offerings. State and federal securities laws apply, and state regulators - including Washington regulators - may require filings or exemptions for offerings made to investors.
- Environmental review - certain projects may trigger state or local environmental review processes under laws such as the Washington State Environmental Policy Act.
- Labor and employment rules - EB-5 requires job creation for qualifying U.S. workers. Local hiring practices, wage requirements and reporting rules will affect job calculations and compliance.
Frequently Asked Questions
What is the EB-5 program and how does it lead to residence?
EB-5 allows foreign investors to obtain conditional lawful permanent resident status by investing a required capital amount in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. After roughly two years on conditional status, the investor files I-829 to show the investment met program requirements and to remove conditions, yielding permanent residence if approved.
How much money do I need to invest for EB-5?
Investment minimums can change. Traditionally there has been a higher standard minimum and a lower targeted employment area - TEA - minimum. As the amounts may be updated by USCIS or Congress, you should confirm current thresholds with a qualified immigration lawyer or official USCIS guidance before proceeding.
Can I get residence by simply buying property in Tacoma?
No. Buying residential or commercial property for personal or passive ownership does not by itself qualify for EB-5. The EB-5 investment must be in a qualifying commercial enterprise and meet job creation requirements. Alternative investor visas like E-2 may allow business based residency for nationals of treaty countries, but E-2 does not directly provide an automatic path to permanent residence the way EB-5 can.
What is a regional center and should I use one in Tacoma?
A regional center is an economic unit designated for EB-5 that sponsors projects attracting pooled investment. Regional center projects often rely on indirect and induced job creation methods to meet the 10-job requirement. Using a regional center can be simpler for passive investors, but requires careful due diligence of the center, the project, job creation methodology and financial risk. A local project in Tacoma might be run by a regional center or structured as a direct investment.
How long does the EB-5 process take?
Timelines vary widely. Processing for initial petitions such as I-526 may take many months to several years depending on USCIS caseloads and petition complexity. Visa availability - governed by the visa bulletin and country-specific backlogs - can add additional delay for applicants from countries with high demand. After conditional residence, I-829 processing to remove conditions may also take a year or longer. Consult a lawyer for current processing time estimates.
What kinds of documents do I need to prove source of funds?
USCIS requires clear documentation showing that your investment funds were lawfully obtained. Common documentation includes bank records, tax returns, business sale agreements, employment income records, loan documents, gift letters with donor evidence and translations where necessary. Source of funds documentation should trace the funds from origin to the investment entity. Proper organization and legal counsel are essential.
What are the risks of investing through EB-5?
Risks include project failure, loss of capital, failure to create the required jobs, regulatory or securities issues, and long immigration processing times or denials. Unlike some residence-by-investment programs in other countries, EB-5 requires the investment to be at-risk for the immigration benefit; there is no guaranteed return or guaranteed residency. Thorough due diligence and legal advice can reduce but not eliminate risks.
Will investing in EB-5 affect my tax status in the U.S. or Washington?
Investing itself does not automatically create U.S. tax residency, but if you become a lawful permanent resident you will generally be subject to U.S. tax on worldwide income. Washington state has no personal income tax but does have other taxes to consider. You should consult a U.S. tax advisor experienced with immigrant investors to plan tax compliance and structure assets efficiently.
Can family members get residence through my investment?
Yes. Spouses and unmarried children under 21 can generally obtain conditional permanent residence along with the principal investor under EB-5, provided they are included in the petition and meet eligibility criteria.
How do I pick a local attorney in Tacoma to help with an EB-5 or investor case?
Choose an attorney with demonstrable experience in EB-5 immigration law and familiarity with Washington state and Tacoma local rules if you will invest locally. Ask about past EB-5 cases, success rates, client references, fees and whether they work with local counsel for business, securities and real estate matters. You may need a team - immigration counsel, securities counsel and local real estate or business counsel - to cover all aspects of the transaction.
Additional Resources
Below are types of resources and governmental bodies that can help you research and prepare, or that you may need to contact as part of a residence-by-investment pathway in Tacoma:
- U.S. federal immigration authorities and EB-5 guidance - for program rules, forms and policy manuals.
- U.S. Department of State - for visa processing and consular guidance if you will process overseas.
- Washington Secretary of State - for business registration and corporation or LLC filings.
- City of Tacoma Community and Economic Development and Pierce County planning departments - for zoning, permitting and local development guidance.
- Washington State Department of Revenue and Pierce County assessor - for tax and property assessment questions.
- State securities regulator and the agency that oversees securities in Washington - for questions about offering compliance when investing in pooled projects.
- Local economic development organizations and the Port of Tacoma - for information about regional projects and investment opportunities.
- Qualified immigration law and securities law firms experienced with EB-5 and investor matters.
Next Steps
If you are considering residence by investment in Tacoma or elsewhere in the United States, follow these practical next steps:
- Gather initial information - identify your immigration goals, desired timeline and the size and source of your available investment funds.
- Schedule a consultation with an experienced EB-5 immigration lawyer - seek counsel who can assess eligibility, explain current investment thresholds and timelines, and outline the full application process.
- Conduct due diligence on projects or regional centers - review project business plans, offering documents, job creation modeling and financial assumptions, with help from immigration, securities and business counsel.
- Prepare source-of-funds documentation - begin assembling financial records, contracts, tax returns and other paperwork that trace the lawful origin of your investment funds.
- Coordinate local legal needs - if investing in Tacoma projects, consult local counsel for business formation, real estate, zoning, permitting and tax planning.
- Plan for contingency and timeline risk - understand there are financial and immigration risks, and prepare alternative plans if processing times or visa availability change.
- Keep organized records and maintain communication with counsel throughout the process - timely, well-documented filings and clear communication reduce risks of delays or denials.
Residence by investment is complex and involves overlapping federal, state and local legal issues. Working with qualified lawyers in immigration, securities and local Tacoma practice areas will help protect your investment and increase your chances of a successful immigration outcome. This guide is informational only and does not replace legal advice tailored to your specific circumstances.
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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.
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