EB5 Investors Magazine Volume 1 Issue 1 | Page 36

Issues that EB-5 Investors from Russia May Encounter During the I-526 Petition Preparation Process… …and How to Resolve Them 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 Undertaking Representation 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 the following: 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. 36 E B 5 I n v e s to r s M ag a z i n e