Bay Creek Rural EB-5 Project Receives I-956F Approval in Record Time

We are pleased to announce that Bay Creek, EB5AN’s premier rural EB-5 project, has received I-956F approval from USCIS. This is a crucial milestone for any EB-5 project, as it proves compliance with USCIS policies and puts investors in line for fast Green Card approvals.

“With our 22nd I-956F approval under the current EB-5 program,” remarks EB5AN managing partner Sam Silverman, “our firm continues to set the industry-wide standard for compliance and investor safety. Now investors in Bay Creek can have the peace of mind that their project documentation has been reviewed by USCIS and approved.”

Silverman adds that, because of this approval, “current and future investors in Bay Creek can expect faster I-526E approvals—and could even become permanent residents of the United States in a matter of months.”

USCIS approved Bay Creek’s I-956F submission in only 84 days, making this one of the fastest I-956F approvals for EB5AN to date. And USCIS approved the I-956F without any requests for evidence (RFEs) or further questions.

“When an EB-5 project has I-956F approval,” notes Mike Schoenfeld, managing partner of EB5AN, “it’s generally a good sign. It is even more beneficial to investors when the EB-5 sponsor has multiple I-956F approvals across its projects.”

And nobody meets this standard more than EB5AN. “EB5AN has gone above and beyond with 22 I-956F approvals,” Schoenfeld adds, “more than any other regional center operator in the industry—and with faster-than-average approval times at that.”

How have our EB-5 investors benefited from EB5AN’s commitment to compliance? Over 600 EB5AN investors have received I-526E approvals since 2022 alone. Many have obtained work and travel documents in only a few short weeks and I-526E approvals in as little as four months.

In this post, we’ll review the role of Form I-956F and why it’s important for anyone considering an EB-5 investment. Then we’ll go over the Bay Creek project and why it’s quickly becoming the leading rural project on the EB-5 market.

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Form I-956F—Why It Matters for EB-5 Investors

Form I-956F, created under the EB-5 Reform and Integrity Act of 2022, gives USCIS a full overview of an EB-5 project before investors’ petitions are approved.

This form requires the regional center to submit every key document—the offering memorandum, partnership agreement, financing contracts, business plan, and economic analysis—so that USCIS can verify the project’s credibility and compliance. The filing must clearly describe how the new commercial enterprise and job-creating entity are structured, the flow of EB-5 capital, and how jobs will be created. It must also include background information on everyone with decision-making authority in the entities involved.

Additionally, the form must identify whether the project is in a targeted employment area (TEA) and include supporting data to prove TEA qualification—an aspect that is especially important for investors looking to take advantage of set-aside visas or priority processing.

The form is also designed to ensure transparency and integrity across the EB-5 program—to receive approval, USCIS requires regional centers to disclose any potential conflicts of interest, pending litigation, and the policies used to oversee investor subscriptions and securities sales. The regional center must further certify that every material risk has been disclosed to investors.

For investors, Form I-956F approval signals that a project is lower risk. Approval means that USCIS has already reviewed the project’s structure and determined it complies with program rules. When investors later file Form I-526E, USCIS does not re-evaluate the project—only the investor’s source of funds and personal eligibility.

This typically shortens processing times and increases the likelihood of approval, clearing the way for conditional Green Cards for the investor and their family.

Projects that have only filed—but not yet received—Form I-956F approval carry added uncertainty. USCIS could later deny the project, leading to RFEs or notices of intent to deny for all investors involved. Such responses delay the path to residency and jeopardize an investor’s immigration outcomes altogether.

But a strong record of I-956F approvals demonstrates a regional center’s reliability and deep understanding of USCIS requirements. Choosing an already-approved project or one sponsored by a regional center with consistent I-956F approvals helps investors avoid unnecessary risk.

EB5AN’s Record of I-956F Approvals

Unlike most regional centers, which often focus on a narrow market or region, EB5AN has achieved consistent success in obtaining Form I-956F approvals across a diverse portfolio of EB-5 projects. These projects span multiple real estate sectors, including single-family homes, multifamily developments, resorts, and condominiums, and geographic regions, such as Idaho, Florida, Colorado, and Virginia.

EB5AN’s strong compliance record has led to faster and broader approval results. We quickly adapted to the 2022 Reform and Integrity Act by revising our documentation and filing the new USCIS forms early, securing approvals well ahead of industry averages.

EB5AN has now received 22 Form I-956F approvals, many in less than three months—far faster than the current USCIS average of 5.6 months. Every regional center project we have managed since 2013 has been approved by USCIS, giving us a 100% project approval rate.

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This record reflects our careful attention to compliance and investor protection. Each project is structured to meet or exceed USCIS standards, minimizing risk for investors and accelerating I-526E adjudications.

Introducing Bay Creek: Our Premier Rural EB-5 Project, Now With I-956F Approval

Bay Creek is a master-planned residential community on Virginia’s Chesapeake Bay that blends natural beauty, steady demand, and strong investor protections.

The project is expanding an established neighborhood by adding new homes, improving roads and utilities, and upgrading existing amenities like private beaches, golf courses, and a nature preserve. These are real, visible assets that give the project long-term stability and make it appealing both as a community and as an investment.

Its location near Norfolk International Airport and its proven history of home and lot sales further strengthen its foundation and reduce development risk.

The EB-5 investment is structured as a secured senior loan backed by a first-priority mortgage, giving investors very significant collateral. Each investor’s loan has its own four-year term, matching USCIS sustainment requirements and creating a clear repayment timeline.

With the EB-5 funds in a senior position, Bay Creek offers a level of financial safety that most other projects are unable to match.

The project’s security also stems from its development schedule: The project’s phased construction plan allows it to adjust to market conditions, keeping risk low while maintaining progress.

And now Bay Creek holds Form I-956F exemplar approval from USCIS, confirming that its structure, job creation model, and rural designation fully comply with EB-5 rules—something that provides confidence and accelerates investor petition approvals.

Because Bay Creek qualifies as a rural TEA, investors can participate with a minimum investment of $800,000 instead of $1,050,000. Rural projects also receive priority I-526E processing and benefit from access to the 20% of EB-5 visas reserved for rural areas.

These benefits mean that Chinese and Indian investors can avoid the long backlogs for their nationalities and gain Green Cards quickly, potentially in a matter of months.

The project is expected to create 1,371 qualifying jobs for up to 50 investors—more than double the required amount. This strong job cushion ensures every investor will meet USCIS job creation standards and keeps their Green Card eligibility secure.

Bay Creek’s leadership also benefits investors. The project is managed by a developer with decades of experience in large-scale residential communities and sponsored by EB5AN, a regional center with a 100% USCIS project approval rate and over $1 billion in EB-5 capital raised.

Investors are further protected by refund and job creation guaranties that safeguard both their investment and immigration outcomes.

With its solid structure, strong oversight, and rural incentives, Bay Creek stands out as one of the safest rural EB-5 projects available today.

“Bay Creek,” Silverman explains, “features a unique senior loan structure where EB-5 investors are first in line for repayment, with no other debt. And now the project all but guarantees an I-526E approval as long as the source-of-funds and personal documentation are satisfactory.”

As Silverman concludes, this structure makes Bay Creek one of the most attractive options on the market: “For EB-5 investors who want fast Green Card approvals in a project that will also repay their funds on time, Bay Creek is a rare opportunity to fulfill their immigration goals with very little risk.”

To learn more about Bay Creek or plan your EB-5 investment, schedule a free consultation with EB5AN.

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