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USCIS Seeks Comments on Forms I-526, I-526E, I-956, I-956F, I-956G, I-956H, I-956K: First Draft Published for Form I-956K, Registration for Direct and Third-Party Promoters

The industry had been anxiously waiting for Form I-956K to be published so that agents and promoters know what is required for them to register with USCIS. Finally, this form is published today (on September 2, 2022) in the Federal register as a draft, along with the draft form instructions. The notice invites the general public and other Federal agencies to comment on Form I-956, Application for Regional Center Designation; Form I-956F, Application for Approval of an Investment in a Commercial Enterprise; Form I-956G, Regional Center Annual Statement; Form I-956H, Bona Fides of Persons Involved with Regional Center Program; and Form I-956K, Registration for Direct and Third-Party Promoters. Comments are encouraged and will be accepted for 60 days until November 1, 2022. Please click here to read a notice in the Federal Register, where you can find draft forms and forms’ instructions.

As we had informed you before, on August 23, 2022, the USCIS published a notice in the Federal register inviting the general public and other Federal agencies to comment on Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor. Comments are encouraged and will be accepted for 60 days until October 24, 2022. Please click here to read a notice in the Federal Register.

Key points to note in the Draft Form I-956K & Draft Form I-956K Instructions:

– No filing fee – Form I-956K “should” (not “must”) be submitted prior to operating or promoting an EB-5 offering

– “Each person acting as a direct or third-party promoter (including migration agents)” of a regional center, NCE, JCE, or issuer of securities is required to file Form I-956K with USCIS.

– The applicant must list & submit a copy of all written agreements entered into with regional centers, NCEs, JCEs, or issuers of securities

– USCIS may require the applicant to appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at a USCIS Application Support Center or U.S. Embassy/Consulate/Office overseas.

– USCIS may use your biometrics to obtain the criminal history records of the FBI for identity verification, to determine eligibility, to create immigration documents or any purpose authorized by the Immigration and Nationality Act. The form instructions included the following link to obtain a copy of your own FBI record: https://www.fbi.gov/services/cjis/identity-history-summary-checks.

UPDATE: As of  March 15, 2023, USCIS has published the final Form I-956K.  Please click here to access the form.