Emigration Center GARANT.in: EB-5 visa - the best option for living in the USA on the example of a specific case.

Artem is a Russian businessman with a wife and three children. The eldest child is 20 years old and lives in the United States. The youngest child is 16 years old and lives in Russia. The spouses do not plan to change their place of residence, as they have a business in Russia. The eldest son will graduate in two years. He likes life in America very much, so he wishes to stay there. The best option to solve this issue is to get an EB-5 visa.

What other options have been considered

EB-5 is not the only option. My son had several other options on how to stay in the States.

• Get a job and get an H1B work visa.
• Get married and get a green card.
• Get an O-1 visa. It is issued to people with special abilities.
• Continue your studies without getting a job. 

EB-5 visa leads to a green card and subsequently American citizenship.

Separately consider the H1B visa. It is granted to specialists who are invited to work by an American company. The visa is issued for three years with the possibility of one-time extension for another three years. No more than 85 thousand such visas are issued per year. In 2018, 179,660 were issued. The leaders by nationality among recipients are Indians, Chinese and Jamaicans. Most often the visa is received by representatives of the following specialties: software development, programming, management, consulting services, engineering and design. 

This option was also interesting, but, firstly, the authorities often respond with a refusal (32% in 2018), and secondly, the limit on the number of visas issued is reached in 5 days.

Note that Artem himself wanted to get a green card, but did not want to move to the States. However, after the issuance of a green card, he would have to live permanently on American territory (more than 183 days annually). In addition, he would automatically become an American tax resident, which was not in the businessman's plans. Consequently, Artem decided to issue a green card only to his wife and child.

About the EB-5 program

There are two ways to invest:

1. $900,000 in regional center projects;
2. 1.8 million dollars to start your own business and create at least 10 jobs for the local population.

Approximately 95% of applicants choose the first option. Artem also preferred it, and here is why:

• there is no need to create 10 jobs;
• the investment does not require the applicant to participate in the business;
• there is no risk of losing money due to failure of the business;
• there is no need to obtain a permit to open your own project;
• the amount of investment is half as much. 

Taking into account additional expenses (lawyer's services, translation of documents, etc.) the project cost the investor almost 1 million dollars. 

How the regional center was selected

Funds are invested in regional centers. These are offices licensed by the state. They have the right to manage investment funds received under the EB-5 program.

The object of investment is most often a share in a company. The company is divided into parts between investors. It is not allowed to invest in real estate.

According to the rules, the investment must be risky, that is, you can still lose the invested money. However, the correct choice of a regional center reduces this risk to almost zero. In fact, the choice of center is the main stage of the investment project. Take into account the following factors:

• the number of successfully implemented projects;
• the year of foundation of the regional center;
• the presence of unrealized projects;
• green card approval rate;
• the length of time it takes to return funds to investors;
• presence of court cases and other reputational damage;
• promptness of responses to client inquiries;
• structure of project financing.

Artem chose a project in Washington. Its essence is the construction of housing. This is a very popular project, and the investor managed to take one of the last places.

How long did the registration process take

Consideration of the petition takes up to 2 years. After 2.5-3 years, the applicant receives a temporary green card. A permanent green card is issued after 4-5 years. After 4-6 years, the investment is returned. After 7-8 years the investor gets the right to apply for American citizenship.

FAQ

What are regional centers?

They are offices licensed by the state. They are authorized to manage investment funds received under the EB-5 program.

What is the object of investment?

The object of investment is most often a share in a company. The company is divided into parts between investors. It is not possible to invest in real estate.

Can the investment be insured?

No. According to the law, the investment must be risky.

Does the investment project have to be located in the state I plan to move to?

No, there is no such requirement. You can invest in a project in New York and move to Florida.

Where is the money invested?

Funds are transferred to the regional center's exrow account.

Can a third party contribute investment funds?

Yes, it is possible to utilize the services of a sponsor. It does not have to be a relative.

Do the funds have to be transferred in one payment?

No. You can use multiple transfers.

Conclusions

EB-5 is an excellent option for those who are looking for a reliable way to obtain a green card for children. For Artem, this option turned out to be optimal: his son will remain legally in the U.S. after graduation.

Why the investor declined other options:

• Employer option. It is necessary to find a serious company that will invite the child to work. In addition, there is no guarantee that in this case the authorities will agree to issue a visa, because there are quotas. Even if you manage to get a visa, the child will become dependent on the employer, because when you change jobs, you need to reapply.
• Option with business. The child has no business experience, and therefore the risk of rejection is very high.
• The marriage option. Obviously, such things are not planned, so this method had to be abandoned.
• The option of continuing education without finding a job. This method does not solve the problem, but postpones its solution.

Therefore, the EB-5 visa option turned out to be an alternative.