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USCIS Invites to an Immigrant Investor Program (EB-5) Meeting


U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Monday, March 20, 2023, from 1:30 to 3 p.m. Eastern.

During the first part of the engagement, USCIS will discuss three specific areas within the Immigrant Investor Program.

The three topics are:

Direct and Third-Party Promoters: A promoter should submit Form I-956K, Registration for Direct and Third-Party Promoters, before operating on behalf of any of the specified entities or promoting any offering under the EB-5 Regional Center Program. The promoter must submit Form I-956K separate from Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, to seek approval of an investment in a commercial enterprise.

Investment Period: USCIS will discuss the requirements for an immigrant investor to sustain their investment if they filed Form I-526, Immigrant Petition by Standalone Investor, before March 15, 2022, and the new requirement under the EB-5 Reform and Integrity Act of 2022 (RIA) that capital must be expected to remain invested for at least two years for those who filed an I-526 or Form I-526E on or after March 15, 2022.

Regional Center Operations: They will discuss issues related to regional center operations, in particular those who wish to withdraw from the program and terminate their status and those who do not wish to solicit investments for new projects under the RIA.

They will hold a Q&A to hear questions, comments, and individual feedback from stakeholders on these three topics. Although we are interested in receiving overall feedback about the EB-5 program, USCIS would appreciate focusing the Q&A portion of the engagement on the topics above.

They will not address case-specific questions, questions outside the scope of the engagement, or issues under active litigation or likely to be litigated.

Questions for consideration:

If you would like to submit a question in advance on one of the three topics we will be covering during this engagement (direct and third-party promoters, sustainment, or regional center operations), please send your question to the Public Engagement mailbox at public.engagement@uscis.dhs.gov with the subject line “Question: EB-5 Engagement March 20, 2023” by 4 p.m. Friday, Feb. 10.

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