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Residence by Investment is a concept many people look for when they want to obtain lawful residence in the United States through capital investment. In the U.S., immigration benefits tied to investment are governed by federal immigration law rather than local city law. The main federal pathways commonly used by investors are the EB-5 immigrant investor program and nonimmigrant investor visas such as the E-2 treaty investor visa where available. White Plains, New York, is a municipality in Westchester County where an investor can buy property, form or expand a business, or establish a base while pursuing federal immigration options. While immigration rules are set nationally, local laws in White Plains and New York State affect real estate transactions, business formation, taxes, licensing, zoning and local registrations that investors must follow.
Investing to obtain residence in the United States raises legal issues across immigration, real estate, tax and corporate law. A lawyer helps at multiple stages: evaluating whether an investment route is available to you, preparing immigration petitions and supporting documentation, conducting legal due diligence on projects or properties, structuring business entities to meet both immigration and tax goals, handling real estate closings, advising on state and local tax residency and filing obligations, and resolving disputes after investment. Lawyers also help verify lawful source-of-funds documentation, navigate federal national security reviews when applicable, and coordinate with accountants, title companies and escrow agents to reduce legal and financial risk.
Although immigration programs are federal, several local and state legal issues are directly relevant to investors who want residence while living or investing in White Plains.
Property ownership - New York State and White Plains do not generally prevent foreign nationals from buying property. Purchases require compliance with state recording requirements, property transfer taxes, local recording fees and potential disclosure rules. Title searches and title insurance are standard practice to confirm ownership and liens.
Real estate taxes and assessments - Property owners in White Plains pay municipal property taxes and may be responsible for school district levies and county charges. Understanding assessment cycles and appeal rights is important when budgeting long-term holding costs.
Zoning and permits - White Plains enforces zoning, building codes and permitting for residential and commercial uses. If an investment includes property development, renovation or business operations, local permits and zoning approvals will be required.
Business formation and licensing - Forming an LLC, corporation or other entity in New York State requires compliance with state filing rules and possibly White Plains local business licensing or registration. Local health, safety and occupational permits can apply depending on the business activity.
State and local taxes - New York State and Westchester County tax residents on income sourced to New York and may treat you as a resident for tax purposes if your domicile or statutory residency tests are met. State tax residency rules affect income, estate and gift tax planning and should be coordinated with federal immigration plans.
Federal immigration compliance - EB-5, E-2 and other investor routes are governed by U.S. Citizenship and Immigration Services and the Department of State. EB-5 requires qualifying investment amounts, job-creation requirements and appropriate project structuring. E-2 requires nationality from a treaty country and a qualifying investment in a real and operating commercial enterprise. These federal requirements determine eligibility for residence or nonimmigrant status.
Tax reporting and international rules - Foreign investors must comply with U.S. tax reporting, including income tax, potential FIRPTA withholding on sales of U.S. real property interests, and certain international reporting obligations. Banks and escrow companies will also perform identity and source-of-fund checks to satisfy anti-money-laundering rules.
The EB-5 immigrant investor program offers lawful permanent residence to qualifying foreign investors who make a required capital investment in a new commercial enterprise that creates or preserves at least ten full-time U.S. jobs. EB-5 is a federal program administered by U.S. Citizenship and Immigration Services. Investments can support projects anywhere in the United States, including White Plains, provided the project meets federal EB-5 requirements. Local legal counsel and immigration counsel should be engaged to review any EB-5 project for eligibility, job-creation methodology and the lawful source of funds documentation.
Buying residential property alone generally does not qualify as sufficient investment for federal investor visas such as EB-5 or E-2. EB-5 requires an investment in a commercial enterprise that creates jobs. E-2 requires an active business enterprise with substantial investment and managerial control, and is only available to nationals of treaty countries. Purchasing real estate as a passive investment or a personal residence typically will not be enough to secure immigration benefits, though it may be part of a broader business plan that does qualify.
Generally, no. Foreign nationals can buy property in White Plains and across New York State. However, purchases are subject to the same conveyancing, title, tax and recording requirements as for domestic buyers. Buyers should anticipate due diligence, title searches, title insurance, and possible FIRPTA tax implications when a foreign seller is involved. Banks may require additional documentation to open accounts or provide mortgages to nonresidents.
Investment thresholds vary by program and change over time. Historically, EB-5 has required substantial capital with lower thresholds for investments in targeted employment areas. E-2 does not have a fixed minimum but expects a substantial investment proportional to the business venture. Because federal rules are subject to regulatory updates, you should consult an immigration lawyer or USCIS guidance for current amounts and a tax or financial advisor for financing options.
USCIS and financial institutions require credible documentation showing that investment funds were lawfully obtained. Common documents include bank statements, tax returns, business records, sale agreements for assets, corporate financial statements, loan documentation if applicable, and notarized affidavits or translations where needed. Lawyers and accountants help assemble and authenticate this evidence to meet immigration and anti-money-laundering requirements.
Not automatically. State residency for tax purposes is determined by domicile and statutory residency tests. If you make White Plains your domicile or spend sufficient time in New York and maintain a permanent place of abode, you may become a New York resident for income tax purposes. Residency has tax consequences, so consult a tax attorney or CPA to plan around state rules and to coordinate immigration timelines with tax residency considerations.
Required approvals depend on the nature of the business. Typical steps include registering your business with New York State, obtaining local business licenses or permits from White Plains, complying with building and occupancy permits for physical locations, meeting health department requirements for food businesses, and checking zoning approvals. Local planning and building departments can identify specific requirements for your location and business type.
Due diligence should cover the regional centers or projects financial viability, job-creation methodology, track record, independent audits, legal structure, escrow arrangements, and refund policies. Review offering documents, independent economic reports, legal opinions and USCIS approvals. Work with an immigration lawyer, securities or corporate lawyer, and a financial advisor experienced in EB-5 to assess risk and compliance with federal standards.
Common pitfalls include relying on passive real estate purchases that do not meet federal investment standards, inadequate source-of-funds documentation, choosing projects without proper legal or financial vetting, failing to comply with local zoning or licensing rules, underestimating taxes or ongoing costs, and not coordinating immigration and tax planning. Using experienced local counsel and immigration counsel reduces these risks.
Timing depends on the chosen path and current processing backlogs. EB-5 petitions involve multiple stages and can take several years from initial investment to receiving conditional and then permanent residence, depending on visa availability and priority date retrogression. Nonimmigrant investor visas like E-2 can be faster but do not provide direct permanent residency. Processing times are affected by USCIS workloads, visa bulletin movement, and the complexity of the case. Your lawyer will help estimate timelines based on the current environment.
Useful organizations and government bodies to consult include U.S. Citizenship and Immigration Services for EB-5 and other immigration program guidance, the U.S. Department of State for consular visa information, the Internal Revenue Service for federal tax rules and reporting, the New York State Department of Taxation and Finance for state tax guidance, and Westchester County and the City of White Plains offices for local property and business registration matters. Professional associations such as the American Immigration Lawyers Association and the Westchester County Bar Association can help locate specialized attorneys. Title companies, licensed real estate brokers in Westchester County, local certified public accountants and licensed city planners or land use attorneys are also practical contacts when evaluating property or business investments.
Start with a consultation with an immigration lawyer experienced in investor programs to review which federal pathway fits your situation. Concurrently engage a White Plains or Westchester County real estate attorney and a tax advisor to assess local legal and tax implications. Gather preliminary documents showing your funds and investment plans. If pursuing EB-5, perform thorough due diligence on any regional center or project and verify all job-creation assumptions and escrow protections. If buying property or forming a business in White Plains, obtain local zoning and permit information early in the planning process. Keep clear records of all transactions and professional advice. If you are ready to proceed, ask potential lawyers about their experience with investor immigration cases, local real estate transactions, fee structure and a projected timeline for your matter.
