Who This Is For: This guide is for any individual or organization involved in promoting EB-5 investment opportunities—including migration agents, subagents, and direct promoters. Whether you are a small consultant or a large global firm, understanding and complying with these new USCIS regulations is essential for securing your clients’ Green Cards by Investment and protecting their capital.
The Problem This Solves: The EB-5 Reform and Integrity Act of 2022 introduced significant new requirements aimed at increasing transparency and investor protection. This guide simplifies the complex process of registering as an EB-5 promoter with USCIS using the new Form I-956K, ensuring you meet all compliance standards.
Key Questions This Content Answers:
- What is Form I-956K?
- Is $800,000 still the EB-5 minimum investment?
- What are the EB-5 job creation requirements?
- How does EB-5 rural priority processing work?
- What is an EB-5 regional center?
Navigating the New EB-5 Regulatory Landscape
The U.S. EB-5 visa program allows foreign investors to obtain a Green Card by Investment by investing in a U.S. commercial enterprise and creating jobs. The integrity of this program is paramount, and the EB-5 Reform and Integrity Act has introduced new rules to ensure it. One of the most critical changes is the requirement for all EB-5 promoters to register with USCIS using the newly published Form I-956K, officially titled “Registration for Promoters of EB-5 Regional Center Investments.”
What You Need to Know About Form I-956K:
- Mandatory Registration: This form is mandatory for anyone promoting a regional center or new commercial enterprise (NCE) investment opportunity.
- Compliance is Key: The form requires promoters to agree to accurately represent the program and their services, as well as to follow guidelines for their fee arrangements. This is a critical step for maintaining USCIS compliance.
- Disclose All Agreements: You must disclose all written agreements with any EB-5 regional center or New Commercial Enterprise (NCE), including the terms of compensation. This ensures transparency and helps prevent conflicts of interest.
The USCIS has not yet provided official definitions for terms like “direct promoter,” “third-party promoter,” and “migration agent,” but the intent is clear: to create a comprehensive list of all entities involved in the EB-5 ecosystem.
How to File Form I-956K and Ensure Success
Filing the form correctly is crucial for avoiding delays in I-526E petition processing times. This is a critical component of your EB-5 due diligence checklist.
Step-by-Step Filing Instructions:
- Obtain the Form: Download the official Form I-956K from the USCIS website. Note that there is no filing fee for this form.
- Gather Required Documents: Prepare to submit key supporting evidence along with your form. This includes:
- For Individuals: A copy of a valid government-issued identification card and copies of all passports.
- For Organizations: A copy of the organization’s current formation documents.
- For All Filers: Copies of all written agreements you have with any EB-5 regional center, New Commercial Enterprise (NCE), or associated Job Creating Entity (JCE).
- Complete All Sections: The form is divided into several parts that require detailed information, including:
- Registrant Information: Your full legal name, date and country of birth (for individuals), or the legal name and organizational structure of your business (for organizations).
- Written Agreements: Details of all written agreements you have with an EB-5 entity, including the title of the agreement and the parties involved.
- Bona Fides: A series of questions related to your criminal and civil history to ensure you meet the program’s integrity standards.
- Submit the Form: Mail the completed form and supporting documentation to the appropriate USCIS address. For FedEx, UPS, and DHL deliveries, use the following address:
- Attn: I-956K (Box 660168)
- 2501 S. State Highway 12, 1 Business Suite 400
- Lewisville, TX 75067-8003
Completing this process successfully is a significant step toward demonstrating your commitment to the program’s integrity and securing successful outcomes for your clients.
Why Choose LCR Capital Partners? An Expert EB-5 Fund Manager
When guiding clients through their EB-5 journey, partnering with a reputable and transparent EB-5 fund manager is vital. LCR Capital Partners is a leading EB-5 regional center and fund manager, providing a seamless path to U.S. residency. We serve over 1,000 EB-5 clients from more than 36 countries, including those from India, Brazil, Canada, and Western Europe.
Our Core Value Proposition:
- Fiduciary Commitment: As a fiduciary and the general partner of all our projects, we are a co-signor on your I-526E petition. This means we are legally and ethically obligated to:
- Ensure a successful Green Card investment outcome.
- Protect your capital through conservative investment strategies.
- Facilitate the timely return of your investment capital, a key component of the EB-5 exit strategy.
- At-Risk Investment Mitigation: While USCIS requires an at-risk investment, LCR prioritizes capital protection. Our risk mitigation strategies include:
- Partnering with institutional lenders.
- Utilizing third-party oversight.
- Providing fund-level guarantees for denial, project completion, and loan repayment.
- Proven Track Record: Our projects, such as the Hilton Salt Lake City Airport, have received I-956F exemplar approval, a critical signal of USCIS confidence. This, combined with our strong EB-5 repayment track record, demonstrates our focus on client success.
- Simplified Process: We provide an empathetic, highly engaged service, guiding you through every step of the EB-5 visa journey, from the initial consultation to the final I-829 petition approval. We help with key processes like concurrent filing and obtaining your EAD Card and Advance Parole or Travel Permit. Our mission is to protect your family’s legacy, by making the path to U.S. residency as straightforward as possible.
Discover More: To learn more about our projects, our job creation methodology & compliance, or how we manage capital redeployment, please visit our Insights hub. We provide clear, comprehensive information to help you navigate your due diligence checklist.
