EB-5 Fee Update Overview
U.S. Citizenship and Immigration Services has finalized a fee update for the EB-5 Immigrant Investor Program. The new fee schedule takes effect on November 30, 2026. The rule finalizes a notice of proposed rulemaking that the Department of Homeland Security published in October 2025. It directly responds to a statutory mandate requiring EB-5 program fees to fully cover the costs of administering it. This EB-5 fee update marks a meaningful shift for immigrant investors. It also affects the regional centers and businesses that work alongside them. It changes the cost structure of one of the most complex pathways to U.S. permanent residence.
Background
Congress established the EB-5 Immigrant Investor Program in 1990. Its purpose was to stimulate U.S. economic growth by attracting foreign capital investment and encouraging job creation. Qualifying investors must meet minimum investment thresholds. They must also show that their capital has created or will create at least ten full-time jobs for U.S. workers. Those who do become eligible to apply for lawful permanent residence — commonly known as a Green Card.
The EB-5 Reform and Integrity Act of 2022 significantly restructured the EB-5 program. It introduced stronger oversight requirements, including compliance reviews, audits, and site visits. That same legislation directed USCIS to conduct a program-specific fee study. It also required USCIS to set EB-5 fees at a level sufficient to recover the program’s full operating cost. Prior fee levels did not fully satisfy that mandate, which triggered the rulemaking process that has now concluded.
USCIS operates largely on filing fees rather than congressional appropriations. That means the full operational cost falls on program participants rather than general taxpayers. These duties include reviewing petitions, conducting background checks, verifying eligibility, detecting fraud, and administering program integrity measures. Such a model makes accurate cost recovery central to program sustainability.
Details of the EB-5 Fee Update
This final rule updates the fee schedule applicable to the EB-5 program. It brings fees into alignment with the actual cost of administering it. The EB-5 fee update is grounded in a program-specific fee study. That study was mandated by the EB-5 Reform and Integrity Act of 2022, which directed USCIS to conduct it. The agency’s stated rationale is threefold. It aims to achieve full cost recovery and to meet statutory processing time goals established by the 2022 legislation. It also aims to fund the integrity infrastructure the law mandated — including audits and site visits.
The rule finalizes the proposed framework that the Department of Homeland Security put forward in October 2025. According to the EB-5 fee update, the new fees will take effect on November 30, 2026. Exact dollar amounts for each petition type under the new schedule are not specified in the source material. Applicants and practitioners should consult the official USCIS fee schedule directly for line-item figures.
EB-5 Filing Fees — Before and After November 30, 2026
USCIS has finalized a new EB-5 fee schedule. The new fees apply to any application, petition or request postmarked on or after November 30, 2026. Most filing fees rise sharply, while a few regional center fees go down and three new fees are introduced.
| Form | Current fee | New fee | Change |
|---|---|---|---|
| Investor filings | |||
| I-526 Standalone investor petition | $3,675 | $7,615 | +$3,940 · +107% |
| I-526E Regional center investor petition — initial | $3,675 | $7,850 | +$4,175 · +114% |
| I-526E Regional center investor petition — amendment | $3,675 | $7,775 | +$4,100 · +112% |
| I-829 Petition to remove conditions | $3,750 | $5,000 | +$1,250 · +33% |
| I-527 Amendment to legacy I-526 (new form) | — | $10,330 | New |
| Regional center and project filings | |||
| I-956 Regional center designation — initial | $17,795 | $44,115 | +$26,320 · +148% |
| I-956 Regional center designation — amendment | $17,795 | $9,835 | −$7,960 · −45% |
| I-956F Approval of investment in a commercial enterprise | $17,795 | $42,675 | +$24,880 · +140% |
| I-956G Regional center annual statement | $3,035 | $2,165 | −$870 · −29% |
| I-956H Bona fides of persons involved (new fee) | $0 | $65 | New |
| I-956K Registration of direct and third-party promoters (new fee) | $0 | $2,165 | New |
| EB-5 Integrity Fund fees | |||
| I-526E Integrity Fund fee Per investor | $1,000 | $1,100 | +$100 · +10% |
| Regional center Integrity Fund fee 20 or fewer total investors | $10,000 | $11,000 | +$1,000 · +10% |
| Regional center Integrity Fund fee More than 20 total investors | $20,000 | $22,000 | +$2,000 · +10% |
Notes: The I-526 and initial I-526E fees include a new $75 EB-5 Technology Fee. The initial I-956 and the I-956F fees include a regional center termination cost. “Current” fees are those in effect since November 13, 2025. USCIS estimates the changes will affect about 16,600 EB-5 filings a year and raise average EB-5 filing fees by about 70.7%. Fees for Form I-485 are not part of this rule.
Source: DHS / USCIS — EB-5 Fee Rule, Table 1 (EB-5 Fee Comparison), published September 30, 2026. See the USCIS announcement. Always confirm the current fee on the USCIS Fee Schedule (Form G-1055) before filing.
Who Is Affected
The most directly affected parties are immigrant investors filing EB-5 petitions. This includes both those investing through USCIS-designated regional centers and those pursuing direct investment projects. This applies to anyone with a pending or planned filing for an I-526E petition (regional center investors) or an I-526 petition (direct investors). It also applies to related EB-5 forms such as the I-829 petition to remove conditions. They will need to account for the updated fee amounts. The amount depends on when they file relative to the November 30, 2026 effective date.
Regional centers themselves may also face updated fees for compliance-related reviews, audits, and site visits. The same is true for the new commercial enterprises and job-creating entities they work with. The 2022 Reform Act institutionalized all of these as ongoing program requirements. Attorneys and representatives advising investor clients will need to recalibrate cost projections accordingly.
Investors who have already filed petitions pending before November 30, 2026, generally do not owe new fees on those filings. The source does not specify exceptions or transitional provisions beyond the effective date. Anyone with an upcoming filing should verify current requirements with USCIS or qualified counsel before submitting.
Practical Implications of the EB-5 Fee Update
The most immediate practical consideration is timing. Investors who are in a position to file before November 30, 2026, will do so under the current fee structure. Some filings are not yet ready. This can happen because documentation is incomplete, investment funds are not fully committed, or the project has not reached a qualifying stage. Those filers will be subject to the new fees once the rule takes effect. For high-value petitions like EB-5, filing fees are only one component of a much larger financial commitment. Even so, the cost differential may be significant enough to influence timing decisions.
The fee increase also signals a more resource-intensive compliance environment going forward. Higher fees tied to audits and site visits give USCIS a dedicated funding stream. This will support more thorough on-site reviews of regional centers and new commercial enterprises. Investors should factor in that their projects are more likely to face scrutiny as a result. This is not a reason for concern if the underlying investment is sound. But it is a reminder that documentation quality and business plan integrity are not merely petition-filing formalities. They remain relevant throughout the conditions period.
Open questions remain. These include precise fee amounts by form type and any potential fee waiver provisions. Another open question is how the agency will handle borderline or deficient filings submitted just before the effective date. USCIS has not addressed those scenarios in the source material. Practitioners should monitor official USCIS communications for clarifying guidance as November 2026 approaches.
What to Watch For Next
USCIS has confirmed the effective date of November 30, 2026. Investors and practitioners should still monitor USCIS for publication of the complete updated fee schedule. This applies if USCIS has not yet formally released it. Regional centers subject to compliance reviews and site visits under the 2022 Reform Act framework should also watch for supplemental guidance from USCIS. Such guidance on audit procedures may accompany or follow the fee rule’s implementation. The agency anticipates further communication as the effective date approaches.
How Immigration Professional Association Can Help
EB-5 investment immigration involves one of the most layered and documentation-intensive processes in U.S. immigration law. Fee changes, however straightforward they appear on the surface, have real consequences for how investors plan and sequence their filings. At Immigration Professional Association, we work directly with immigrant investors and their families. We help them navigate every stage of the EB-5 process. That includes initial eligibility assessment and source-of-funds documentation. It also includes I-526 or I-526E petition preparation, adjustment of status, and I-829 petition filing to remove conditions.
A material fee change takes effect on November 30, 2026. This creates a clear window for investors who are close to filing-ready. They can evaluate whether moving forward before that date makes sense for their situation. Investors whose timelines extend beyond that date must also do important groundwork. They should ensure documentation, business plan analysis, and project due diligence are in order. This will help them experience a smooth rather than disruptive transition to the new fee structure.
If you are evaluating an EB-5 investment, or are already in the process, Immigration Professional Association is ready to help. We can bring clarity on how these fee changes affect your specific timeline. We can guide you through your next steps. Reach out to our team to schedule a consultation focused specifically on your EB-5 planning.
