The EB-5 Reform and Integrity Act of 2022 introduced new compliance requirements for the EB-5 program. Among them is Form I-956K, Registration for Direct and Third-Party Promoters. This form must be filed with USCIS by anyone who promotes EB-5 offerings, including migration agents, brokers, and consultants.
This guide explains what Form I-956K is, who must file it, what happens after filing, and how it impacts EB-5 investors and regional centers.
I. What Is Form I-956K?
- A USCIS form created under the EB-5 Reform and Integrity Act (RIA).
- Required for direct promoters and third-party promoters (including overseas agents).
- Purpose: To improve transparency, oversight, and accountability in EB-5 marketing.
II. Who Must File Form I-956K?
- Direct promoters: Individuals/entities directly soliciting investors.
- Third-party promoters: Migration agencies, brokers, or consultants working with regional centers or project sponsors.
- Exemptions: Employees of law firms providing immigration services (not marketing EB-5 investments).
III. Filing Requirements and Process
- Form and Fee: File I-956K with USCIS, pay the required fee.
- Information required:
- Promoter’s legal name and entity details
- Ownership and control disclosures
- Business history and compliance certifications
- Receipts: USCIS issues an I-797 receipt notice after proper filing.
- Approval vs. Registration: Promoters are considered registered once USCIS issues a receipt notice — no separate approval is required.
IV. Consequences of Not Filing I-956K
- Unregistered promoters are not authorized to market EB-5 investments.
- Potential penalties:
- Termination of the regional center
- Investor petition denials
- Monetary fines under RIA
V. Impact on EB-5 Investors
- Provides greater security and transparency by ensuring promoters are disclosed.
- Helps investors verify if their migration agent or advisor is properly registered.
- Investors should always ask to see the promoter’s I-956K receipt notice before engaging.
VI. Practical Tips for Regional Centers and Promoters
- File early to avoid compliance risks.
- Maintain updated filings if promoter details change.
- Coordinate with EB-5 attorneys to ensure consistent compliance.
FAQs About USCIS Form I-956K
A USCIS form that registers EB-5 promoters, required under the EB-5 Reform and Integrity Act of 2022.
Any direct or third-party promoter marketing EB-5 investments, including migration agents and brokers.
Yes. USCIS issues Form I-797 receipt notice after the form is filed, confirming registration.
No. Promoters are considered registered and may begin marketing EB-5 offerings once USCIS issues the receipt notice (Form I-797) for the I-956K. No additional approval is required.
They cannot legally promote EB-5 offerings, and it could jeopardize investor petitions and the regional center’s standing.
Typically a few weeks after filing, similar to other USCIS forms.
Conclusion
Form I-956K is a key compliance measure in today’s EB-5 program. It ensures promoters are transparent and accountable, while protecting investors and maintaining integrity across EB-5 offerings. Whether you are a migration agent, a regional center, or an investor, understanding the role of I-956K is essential.
