For international investors seeking U.S. permanent residency through the EB-5 Immigrant Investor Program, understanding the regulatory process is crucial.
One of the key approvals investors frequently hear about is Form I-956F, Application for Approval in a Commercial Enterprise. This form is a USCIS filing submitted by regional centers for each EB-5 project they sponsor. It’s often referred to as a type of “pre-approval” for projects, giving investors a degree of confidence as they navigate their path to a U.S. Green Card.
But how much weight should investors place on I-956F approval? And does it signal a low-risk, high-confidence opportunity or simply a green light to proceed with further scrutiny?
The Role of Form I-956F in the EB-5 Process
Why I-956F Approval Matters
Why Investors Should Prioritize Projects Under Construction
EB5AN Is an Industry Leader in I-956F Approvals
The Role of Form I-956F in the EB-5 Process
Form I-956F was introduced by the EB-5 Reform and Integrity Act of 2022, which sought to improve oversight and transparency in the EB-5 program. This form provides the United States Citizenship and Immigration Services (USCIS) with detailed information about an EB-5 project’s structure, economic model, job creation plan, and capital stack.
Under these new rules, regional centers are now required to submit an I-956F for each investment offering they manage.
An approved I-956F means that the project has met the administrative compliance standards as laid out by USCIS. Once a project’s I-956F is approved, individual EB-5 investors can submit their Form I-526E petitions, referencing that approved project as the recipient of their investment.
In that sense, I-956F is not just a piece of paperwork—it serves as a foundation for every investor’s immigration petition in that project. A project without I-956F approval is effectively closed to new EB-5 investors.
Why I-956F Approval Matters
At a practical level, I-956F approval streamlines the immigration process for investors. USCIS has already reviewed the project materials, which allows its officers to focus more directly on the investor’s individual circumstances, primarily the lawful source and path of their investment funds.
From an investor relations standpoint, I-956F approval also signals that the regional center and project sponsors have done the groundwork to present a compliant and detailed proposal. It demonstrates a level of preparedness and accountability that can instill investors with confidence.
Moreover, some EB-5 projects even go a step further by securing approval before marketing their offerings. Early approvals can make the project appear more credible, particularly when targeting international investors unfamiliar with U.S. real estate development or immigration law.
Nonetheless, while I-956F is a crucial component of the EB-5 approval process, it is not the only factor prospective investors should consider.
Why I-956F Is Not a Guarantee of Project Success
We have covered what I-956F approval means—now let’s cover what it doesn’t mean.
While I-956F approval indicates that the project as a whole is compliant with EB-5 program guidelines, it does not indicate that the project is likely to achieve financial success.
For instance, I-956F approval says nothing about whether the project has obtained building permits or zoning approvals, has secured full financing (such as senior loans or equity), has broken ground or begun construction, has created or is creating jobs for EB-5 purposes, or has a strong likelihood of returning investors’ capital.
In short, I-956F approval only confirms that the project meets regulatory documentation standards, not that the project would necessarily be a good investment.
Why Investors Should Prioritize Projects Under Construction
For most EB-5 investors, the primary goal of their investment is securing U.S. permanent residency for themselves and their families. To achieve this, the safest route is to invest in a project that is already under construction and has secured all necessary permits and financing, aside from I-956F approval.
Projects in the active development phase, where construction is underway, typically offer several chief benefits:
- Greater certainty around job creation,
- A fully formed capital stack with committed lenders or equity partners,
- Reduced risk of delays from bureaucratic or regulatory issues, and
- A shorter time horizon to completion and potential capital repayment.
Additionally, construction-stage projects often already meet, or are on track to meet, the job creation threshold needed for EB-5 immigration success. In some cases, the required jobs have already been created before an investor files their petition.
While these investors will still need to meet the sustainment period requirements, meaning their investment must last at least two years, they can still rest assured that one vital component of their EB-5 journey has been met.
EB5AN Is an Industry Leader in I-956F Approvals
I-956F approval is an important step in the EB-5 process. It offers administrative clarity and gives USCIS a pre-vetted view of a project’s structure and compliance.
For investors, this can reduce friction in the petition process and build confidence in the offering’s legitimacy.
However, I-956F should be viewed as a starting point, not an absolute stamp of success. It’s up to the investor to go beyond this approval and evaluate whether the project is ready to deliver results, both in terms of job creation and financial return.
In addition to I-956F approval, before investing, ensure the project is fully permitted, under construction, and financially sound. Look for signs of progress, not just paperwork. And always seek advice from experienced immigration attorneys and EB-5 professionals to assess the true risk profile of any offering.
After all, the goal is not just an approved petition—it’s a successful immigration journey backed by a sound investment.
At EB5AN, transparency is of the utmost importance to us. EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to know more about your EB-5 investment options or our USCIS-approved projects, book a free call with our expert team today.