What is happening with visas for Russians in the USA in 2023?

Suspension of visa application acceptance

In May 2021, the American embassy in the Russian Federation made a statement about the suspension of visa applications from Russian citizens. Diplomatic activities focused solely on protecting the interests of American citizens. However, there were no restrictions imposed on the issuance of exit documents for Russians. The main processing center for immigration visas for Russian citizens was designated as the U.S. embassy in Warsaw.

Possibilities of crossing borders

During the pandemic, when various restrictions were imposed and Poland closed its borders to citizens of Russia and Belarus, Russians may try to enter Poland through other Schengen Agreement member countries.

Visa application submission

As for submitting visa applications, Russians have the option to apply at U.S. consulates located in other countries, such as:

• Brazil
• Bahrain
• United Arab Emirates
• United Kingdom
• Kazakhstan

However, it should be noted that not all consulates offer the option of an interview in Russian, and the chances of a positive outcome can vary significantly. In particular, the rejection rate is quite high at the representations in Kazakhstan and the Republic of South Africa.

The situation in Serbia

At the same time, the consulates in Serbia are showing more favorable results, although the interview will still be conducted in English.

Increase in the number of applications in Brazil and Bahrain

Recent events show that more and more Russians are applying for visas at the US consulate in Brazil. There, a consul who speaks basic Russian is working. An interesting discovery for compatriots has been Bahrain, where the absence of a visa requirement for Russian citizens and direct flights from Moscow make the country particularly attractive. There is also a consul here who speaks Russian.

Visa refusal statistics

The analysis shows that only from20%to30%Visa applications from Russians are being rejected. However, recently this rate has been increasing, especially in connection with the announcement of partial mobilization in Russia and news from the United States about Russian citizens crossing the border into Mexico to apply for refugee status.

EB-5 Program

The EB-5 program, which is one of the options for Russians looking to obtain a green card in the USA, is also worth noting. It allows for investment in a business either directly or through licensed regional centers that work with the U.S. Citizenship and Immigration Services. Over the past couple of years, the conditions for participating in the program have changed, especially regarding investments through regional centers.June 30, 2021The powers of the regional centers were suspended for a while, which caused certain difficulties for those wishing to participate in the program.

Conclusion

Each of these aspects contributes to the formation of a new picture of migration among Russians who are seeking opportunities to move to stable and safe countries.

Reform of the EB-5 program

In March 2022, an important law regarding the reform of the EB-5 program was passed in the United States, known as the Reform and Integrity Act. This law extends the program's duration until 2027 and introduces new financial requirements that set minimum investment amounts.

Stricter measures are being introduced for regional centers and intermediaries, who are now required to register with USCIS. Additionally, the law mandates USCIS to conduct an assessment and implement new fees for processing applications within the next year.

This should reduce the processing time for I-526 applications to 120 days for projects located in high-unemployment areas (TEA) and to 240 days for other cases.

Popularity of the program

The EB-5 program remains popular and in demand in the immigration visa market. There is an annual quota of 10,000 visas, which includes both principal applicants and their family members.

A separate quota of 700 visas per year has been established for citizens of one country. Interestingly, at the moment, Russians have not yet taken advantage of this opportunity.

Number of visas issued

In the last two to three years, the total number of issued EB-5 visas has remained significantly below expectations. However, the data does not confirm a decrease in interest, but rather indicates a slowdown in application processing caused by the COVID-19 pandemic, as well as a decline in the operations of many American consulates in 2020 and 2021.

Thus, the actual demand for the visa remains high, even if the number of approvals is low.

Quota and applications

It is worth noting that while there is a quota for issuing visas, the number of applications submitted is not limited. In 2022, 829 I-526 petitions for EB-5 visas were submitted, of which 590 were approved.

This is a significant decrease compared to the period from 2014 to 2017, when the number of applications exceeded 10,000 per year. In recent years, there has been a noticeable decline, which is related to changes in legislation and regulatory standards.

Conditions of the EB-5 program

The main conditions of the EB-5 program include:

• Minimum investment amount1,050,000 dollarsfor business or projects of the regional center in any state in the USA.
• If we are talking about projects in rural areas or regions with high unemployment, the amount of investment decreases to800,000 dollars.
• Creation of no less thanten workstationsfor full-time employees.
• The business must not be unprofitable at the time of application submission.

Requirements for investors

Investors must meet a number of conditions, including:

• Lack of criminal prosecution.
• The ability to verify the legality of funding sources.

Under the EB-5 program, a spouse and children under 21 years old who are unmarried and financially dependent on the primary applicant are eligible to obtain a residence permit along with them.

Expenses for the EB-5 program

As for the expenses related to the EB-5 program, they can vary depending on various factors and include different aspects, such as legal services and fees associated with document submission.

Investments in the EB-5 program

The minimum amount required to participate in the investment program is at least 800,000 USD. The source of funding is refundable, and the repayment period can range from five to seven years, depending on the specifics of the particular project.

Expenses for registration

Administrative fees charged by regional centers start at $70,000. Immigration attorney services can cost from $30,000, and they are responsible for preparing all necessary documents, translating them into English, and subsequently submitting them to the U.S. Citizenship and Immigration Services. Government fees start at $8,285, but their amount depends on the number of family members.

Approaches to investments

Investment strategies can be classified into two main approaches, both of which require initial capital and a carefully crafted business plan. This business plan must include the creation of at least ten jobs within two and a half years after the application is submitted. Most potential investors opt for the option of obtaining a green card through regional centers (RCs). These organizations handle all the nuances related to preparing project documentation and guarantee compliance with the EB-5 program requirements. However, if an investor decides to start their own business, it can become quite problematic.

It is necessary to develop a detailed business plan and figure out how to properly organize sales channels, what marketing methods to use, and take into account many other important aspects. In most cases, expenses turn out to be significantly higher than initially planned.

Consultation with an immigration lawyer

The first step for an investor is to consult with an immigration lawyer who is well-versed in the EB-5 program. The lawyer will assist in preparing all the necessary documents and providing evidence of the legality of the source of funds. The sources of these funds can include, for example:

• Dividends received;
• Income from individual entrepreneurial activity;
• Revenue from real estate sales;
• Secured bank loan with collateral;
• Financial assistance in the form of a gift.

In any case, the investor will need to provide detailed financial reports that confirm the source of the funds and their use prior to the investment.

Use of borrowed funds

Additionally, the investor can use borrowed funds. In this case, if the loan is secured by collateral, it is also necessary to confirm the legality of this source. Next, a project for investment should be selected. Our company organizes meetings with regional centers and provides investors with the opportunity to review the project documentation.

As soon as a suitable project is selected, an agreement is signed with the RC, after which the funds are transferred. This money is directed to a new commercial enterprise created specifically for this project and is then invested in its implementation.

Filing of the I-526 petition

After the funds are transferred, the immigration attorney prepares a complete set of documents and submits the I-526 petition to the U.S. Citizenship and Immigration Services for participation in the program. The document package includes information about the investor as well as details about the project in which they plan to invest. The processing times for this petition depend on the workload of the immigration services, and currently, this process can take up to three and a half years.

If the applicant already has a valid American visa, they can remain in the United States while awaiting a decision.

Obtaining a visa and green card status

After the petition is approved, the investor receives a visa to enter the United States through the consulate, which also takes time — from three to nine months. Once the visa is available, the investor and their family can move to the United States, where they will receive two-year conditional green cards.

After this period, a new I-829 petition must be submitted to extend permanent resident status, allowing the opportunity to remain in the country for a longer duration.

Conclusion

In conclusion, it is worth noting that the current situation with immigration and visas for Russian citizens in the USA remains complex and dynamic. Following the announcement of the suspension of visa issuance at the US embassy in Russia, many Russians are seeking alternative ways to obtain visas and opportunities to submit their applications. Destinations such as Brazil and Bahrain are becoming increasingly popular due to their accessibility, Russian-speaking consular staff, and a higher likelihood of a positive outcome.

Popular destinations

• Brazil
• Bahrain

EB-5 Program

The popular EB-5 program, which offers a chance to obtain a green card through investments, is also showing interest from Russian citizens, although the number of successfully issued visas remains low.Changes in legislation create uncertainty.and they are dragging out the process, but the prospects remain.

It's important to understand that visa operations are influenced not only by internal regulations but also by the global political situation.

Key points

• Difficulties in obtaining visas in the context of a changing situation
• The trend of increasing applicant flows to alternative countries.
• Extension of the EB-5 program and its possible consequences for Russians

We cannot predict how the immigration process in the US will develop in the future, but one thing is clear:The demand for visas and transfer programs remains high.The main thing is to be informed about the current conditions and opportunities in order to act according to the changes.

If you're considering a visa or immigration, it's always a good idea to consult with professionals to learn about your options and minimize risks.