Investors · EB-5 · Advisors
EB-5 information for migration agents and advisors
How PacinfraX works with registered agents and advisors, what the 2022 Act requires of them and what we share, and when. No offering is being made on this website.
Who we work with
Registered agents and advisors, project by project
Investors often reach an EB-5 project through a migration agent, an immigration lawyer or a financial advisor. PacinfraX is glad to work with advisors who are registered, who follow US securities law and who put the investor’s interest first.
The structure is the same for every project: a separate new commercial enterprise, paired with its own job-creating entity, and a regional center selected for that project. Agents therefore learn one set of documents and roles and reuse it each time.
This page is about process. It states no fees, amounts or project terms.
The law
What the 2022 Act requires
The EB-5 Reform and Integrity Act of 2022 added rules for promoters, because promotion was an area where investors were harmed in the past. The summary below follows the USCIS program page and the proposed rule in the Federal Register. Your own counsel decides how it applies to you.
Register on Form I-956K
The Act requires every direct and third-party promoter, including migration agents, to register with USCIS on Form I-956K before promoting an EB-5 offering. The form is filed together with the written agreement between the promoter and the issuer.
A written agreement with the issuer
The relationship between the agent and the issuer is set out in writing before any promotion starts, including who does what and which materials the agent can use.
Fees and conflicts stated to each investor
Any fee, interest or other compensation, and any material conflict of interest, belongs in the written agreement and has to be stated in writing to each investor, in a language the investor understands.
US securities law
EB-5 interests are securities. PacinfraX does not pay transaction-based compensation, such as a fee for each investor introduced, to any person who is not a registered broker-dealer, and we ask agents to confirm their own position with counsel.
How to start
Four steps to begin
Send the interest form
Use the form on this website and tell us you are an advisor or migration agent. Say which firm you represent and in which countries you advise.
We reply within two business days
Investor relations confirms the process with counsel, asks for your Form I-956K details if you plan to promote, and sends a confidentiality agreement.
Sign the NDA and the agreement
After the NDA, the written agreement sets out roles, approved materials and the statements that go to investors. Nothing is promoted before it is signed.
Receive project-level information
Once a project is structured, eligible agents receive project-level information in the same form and at the same time as the investors they advise.
What we share
What is shared, and when
What PacinfraX shares with agents at each stage
| Stage | What is shared |
|---|---|
| Before an agreement | The public pages of this website, the glossary and the FAQ. These are the same pages every visitor sees. |
| After an NDA and the written agreement | The structure of the first new commercial enterprise and job-creating entity, the regional center selection process and the approved list of marketing materials. |
| Once a project is structured | Project-level information, in step with the confidential offering documents that eligible investors receive. Offering documents go to eligible investors directly. |
What we ask
What we ask of agents
- Translate accurately. Translations of our materials are checked against the English text, which controls.
- Give your clients the same written statements we give you, and the same statement of fees and conflicts.
- Make no promises about visas, permanent residence, timing or the outcome of an investment.
- Use no urgency. No countdowns, no “last chance” messages and no pressure to decide quickly.
- Tell clients to use their own immigration and securities counsel, and tell them an EB-5 investment can lose value.
- Never ask a client to send funds to you or to an account we have not named in the offering documents.
Marketing
Rules for marketing material
Agents use only materials that PacinfraX has approved in writing. We do not approve claims about visa outcomes, processing times, job counts or investment results, and we do not approve materials that present an investment as certain to hold its value.
PacinfraX keeps snapshots of this website as records, so that what was published on a given day can be shown to investors, agents and regulators. If you find a statement about PacinfraX that is not on our website or in approved material, tell us at [email protected].
Do I have to register with USCIS before I talk to PacinfraX?
You can write to us and sign an NDA first. You must register on Form I-956K before you promote any EB-5 offering to clients. We ask for your registration details before we share approved marketing materials.
Does PacinfraX pay agents a fee for each investor?
PacinfraX does not pay transaction-based compensation, such as a fee for each investor introduced, to anyone who is not a registered broker-dealer. Any compensation that is allowed would be set out in the written agreement and stated in writing to each investor.
Can I use my own marketing materials?
No. Agents use only materials that PacinfraX has approved in writing. This protects investors from statements that were not checked by counsel.
Can I forward the offering documents to my clients?
No. Offering documents are confidential and go only to eligible investors directly, after the checks required by US securities law. Ask your client to use the interest form.
Work with PacinfraX as an advisor
Write to [email protected] for the agent process, or to [email protected] for investor questions. We reply within two business days.
