from Russia May
the I-526 Petition
…and How to
by Julia Roussinova
Similar to EB-5 investors from other countries, EB-5
investors from Russia may encounter various countryspecific issues during the preparation process of their
I-526 petitions. The purpose of this article is to briefly
discuss several of the potential issues — and suggested
solutions — that may arise.
Preliminary Evaluation before
An immigration counsel should evaluate whether a potential
EB-5 applicant may have any inadmissibility issues. If an EB-5
applicant has not been recently issued a U.S. visa, it is generally recommended that he or she makes an application for a
B non-immigrant visa before considering making an EB-5
investment to ensure no inadmissibility issues arise, which may
hinder a future immigrant visa application upon approval of an
applicant’s I-526 petition.
Educating a Potential EB-5 Applicant about
the Risks and Benefits of EB-5 Program
Many EB-5 applicants from Russia are often significantly
misinformed about the aspects of the EB-5 Program. Some of
the known misconceptions about the EB-5 Program include
1. In addition to the immediate family of a principal EB-5
investor (i.e. spouse and child[ren] under age 21 at
the time of the filing of the I-526 petition), extended
family of the principal investor can immigrate with
him or her and receive permanent green cards by
virtue of the principal EB-5 applicant’s investment.
2. If an EB-5 investment is made in a Regional Center,
no full-time jobs are required to be created.
3. Regional Centers guarantee permanent green cards
to their EB-5 investors because investors pay cash.
4. EB-5 investors will receive significant returns
on investment through a Regional Center.
5. Regional Centers guarantee an investment remains
safe throughout the entire EB-5 investment process.
6. Return of the EB-5 investment capital is
guaranteed in a Regional Center setting.
To that end, it is essential to educate potential EB-5 applicants
about the risks, requirements and benefits of the EB-5 Program
before undertaking representation.
E B 5 I n v e s to r s M ag a z i n e