EB-5 FROM RUSSIA
While the EB-5 visa has becoming increasingly popular, it remains heavily utilized by applicants from China (86.8% of the visas issued in 2015). Therefore, it has been underutilized by Russian nationals (only 60 visas were issued in 2015). The EB-5 visa is a streamlined Green Card process which does not require the applicant to create or manage his own business, instead the EB-5 program requires a minimum investment of $500,000 in a new commercial enterprise, coupled with the creation of 10 new jobs over a period of two years.
The EB-5 program is very complex and requires a great deal of expertise by your advisors, not only on immigration issues, but on transactional issues as well. GMLG is skilled and experienced at helping its clients navigate both of these processes. We scrutinize every aspect of the transaction for immigration compliance to ensure you’re well positioned to obtain your Green Card, and we also review the transactional documents with you to make sure you fully understand your rights and responsibilities as investors. We are not tax or securities lawyers, but we do work with some of the very best who are, and we are happy to refer you to them for counsel, and then work to coordinate all of the professional advice you and your family require.
ADVANTAGES OVER THE L1 VISA PROGRAM
Many Russian citizens have tried to immigrate through the L1 visa program for multi-national executives or managers. Two issues present complications: First, L1 visa requires the visa holder to actively manage a business with employees. Second, achieving permanent residency (Green Card) as a multi-national executive or manager requires a sizeable operation in both countries. Many business owners find themselves investing into a business just to keep up with the immigration requirements, without deriving a profit.
The EB-5 program, on the other hand, does not require the investor to manage his own business. An investor can contribute $500,000 to a large project, which is supervised by an experienced U.S. company or developer. The investor gets credit for the jobs created as a result of his financial contribution to the project and can qualify for a Green Card.
The EB-5 Visa Program has no backlog and is underutilized by every country’s applicants except for China. Therefore, there is no delay for the issuance of EB-5 visas to Russian nationals. Also, there are no educational or job offer requirements for EB-5.
ADVANTAGES OVER H-1B; AFTER F-1 OR OPT
Many Russian students study in the U.S. on the F-1 visa status. However, after graduation, Russian students must find job sponsors to qualify for OPT (which lasts a very limited time) or the H-1B visa (also rate-limited to a maximum of 6 years in most cases). OPT is a very temporary solution as it generally only lasts for one year. The H-1B is a very risky solution as there are only 65,000 annual visas, and 20,000 Masters degree visas, with over 236,000 applications for FY 2017, and so one needs to win a lottery to even be considered (in addition to having a job sponsor).
EB-5 WITH GMLG
Our lawyers and staff are committed to making this process as effortless and comforting for you easy as possible. We do that by focusing on quality, rather than quantity. GMLG puts its effort into making sure that your visa petition is prepared with complete accuracy and attention to detail, and as much personal attention and direct contact with our attorneys are you require.
Led by William P. Cook, the former General Counsel of the U.S. Immigration & Naturalization Service (INS) when the EB-5 program was created in 1990, we draw on expert knowledge, backed by over 25 years of immigration law experience on behalf of our clients.