Best Residence by Investment Lawyers in Wisconsin

About Residence by Investment Law in Wisconsin, United States

Residence by investment, commonly known as "golden visa" programs, allow individuals to obtain legal residency in a country through significant financial investment. In the United States, these programs exist primarily at the federal level, with the well-known EB-5 Immigrant Investor Program. While specific states like Wisconsin do not offer independent residence by investment programs, they play an important role as locations where investors can live, work, and participate in qualifying projects that fit the requirements of federal programs. Wisconsin’s business climate, real estate opportunities, and investment schemes can make it an attractive destination for those utilizing the federal residence by investment route.

Why You May Need a Lawyer

The process of securing residence in the United States by investment can be complex and time-consuming. Here are some common scenarios where legal assistance is invaluable:

• Understanding eligibility criteria and navigating federal requirements such as the EB-5 visa program
• Identifying qualifying investments or regional centers within Wisconsin
• Handling the documentation and application process for US Citizenship and Immigration Services (USCIS)
• Mitigating risks of fraud or unqualified investment projects
• Navigating potential issues with visas, background checks, or source of funds documentation
• Managing real estate transactions or business formation in Wisconsin
• Ensuring compliance with ongoing residency and investment requirements
• Addressing tax implications at both the state and federal levels

Local Laws Overview

While the main provisions governing residence by investment are set federally, Wisconsin law intersects with these processes in ways that investors should understand:

• Business Formation: Wisconsin statutes govern incorporation, partnerships, LLCs, and sole proprietorships. Forming or investing in a new or existing business requires compliance with state laws.
• Real Estate Regulations: Local rules govern property buying, leasing, zoning, and land use. Investors must observe state and municipal regulations.
• Employment Laws: Businesses operating in Wisconsin must comply with state labor laws, tax registration, and employment regulations if creating jobs is a component of the investment.
• Taxation: Wisconsin imposes both corporate and individual income taxes, with specific requirements for reporting and remittance.
• Licensing and Permits: Certain investments may require state or local permits and business licenses, depending on industry and location within Wisconsin.

Investors need to be aware of both federal immigration standards and the relevant state and local laws in Wisconsin to ensure their application and ongoing investment remain compliant.

Frequently Asked Questions

What is the EB-5 Immigrant Investor Program?

The EB-5 program allows foreign nationals to obtain US permanent residence (a green card) by investing a certain amount in a new commercial enterprise that creates or preserves at least ten jobs for qualified US workers.

Does Wisconsin have its own residence by investment program?

No, residence by investment is administered federally through programs like the EB-5. However, investments can be made in Wisconsin, either directly or through designated EB-5 regional centers located in the state.

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

The investment must be in a new commercial enterprise or a regional center-approved project. Typical investments include real estate developments, new businesses, or expanding existing companies. The minimum investment is currently one million dollars, or eight hundred thousand dollars in targeted employment areas.

Can I purchase residential property to qualify for residence by investment in Wisconsin?

Owning residential property alone does not qualify for residence by investment. Investments must be made in commercial ventures that create jobs and meet other federal criteria.

What is a regional center?

A regional center is an organization designated by USCIS to sponsor capital investment projects for EB-5 investors. There are several regional centers operating in Wisconsin offering opportunities to participate in qualifying projects.

How long does it take to obtain residency through investment?

Processing times can vary greatly but may take anywhere from one to three years or longer, depending on the project's nature, USCIS workload, and individual circumstances.

Do I have to manage the day-to-day operations of my investment?

Active day-to-day management is not typically required, especially when investing through a regional center. However, the investor must be engaged in policy formulation or as a limited partner.

How many jobs must my investment create in Wisconsin?

Each investment must result in the creation or preservation of at least ten full-time positions for qualifying US workers.

Are there risks of losing my investment or residency status?

Yes, risks include the potential for business failure, fraud, or noncompliance with program requirements that can jeopardize both the investment and the green card application. Legal guidance helps mitigate these risks.

Can my family obtain green cards through my investment?

Yes, qualifying family members, including your spouse and unmarried children under 21, can receive green cards as derivative beneficiaries of your EB-5 application.

Additional Resources

If you are considering investing for residence in Wisconsin, consult the following resources and agencies for guidance and official information:

• US Citizenship and Immigration Services (USCIS) - for EB-5 requirements and applications
• Wisconsin Department of Financial Institutions - for business registration and compliance
• Wisconsin Economic Development Corporation - for information on investment opportunities and incentives
• Local Bar Associations - to find experienced immigration and business attorneys
• American Immigration Lawyers Association (AILA) - for a directory of qualified immigration attorneys

Next Steps

If you are considering residence by investment in Wisconsin, the following steps can help you proceed confidently:

• Consult with a licensed immigration attorney familiar with both federal and Wisconsin law
• Research and choose a qualifying investment project or regional center in Wisconsin
• Prepare and gather all required documentation, including source of funds
• File the necessary applications with USCIS, following legal guidance at each step
• Ensure ongoing compliance with investment, business, and local residency requirements

Professional legal assistance is crucial throughout the entire process to help you avoid common pitfalls and maximize the likelihood of a successful application for residence by investment.