The Department of Homeland Security issued a final rule on September 30, 2026 that more than doubles the USCIS filing fees for EB‑5 investor petitions. The new schedule applies to any filing postmarked on or after November 30, 2026.
Updated filing fees
| Form | Current fee* | New fee (Nov 30 2026) | % increase |
|---|---|---|---|
| I‑526 (stand‑alone investor) | $3,675 | $7,615 | +107 % |
| I‑526E (regional‑center investor) | $3,675 | $7,850 | +114 % |
| I‑526E (amendment) | $3,675 | $7,775 | +112 % |
| I‑829 (removal of conditions) | $3,750 | $5,000 | +33 % |
| Integrity Fund fee (with I‑526E) | $1,000 | $1,100 | +10 % |
| I‑527 (legacy investor protection) | – | $10,330 | – |
| I‑956 (initial regional‑center designation) | $17,795 | $44,115 | +148 % |
| I‑956 (project application) | $17,795 | $42,675 | +140 % |
| I‑956 (amendment) | $17,795 | $9,835 | –45 % |
| Annual Integrity Fund fee (≤20 investors) | $10,000 | $11,000 | +10 % |
| Annual Integrity Fund fee (>20 investors) | $20,000 | $22,000 | +10 % |
| I‑956K (promoter registration) | $0 | $2,165 | – |
| I‑956G (annual statement) | $3,035 | $2,165 | –29 % |
*Both the initial I‑526 and I‑526E fees now include a $75 technology surcharge authorized by the EB‑5 Reform and Integrity Act of 2022. Amendments to I‑526E are exempt from this charge.
Total government bill for a regional‑center investor at filing: $8,950 (previously $4,675).
Investment thresholds unchanged
- Targeted Employment Area (TEA) or infrastructure projects: $800,000 minimum.
- All other projects: $1.05 million minimum.
Congress caps the EB‑5 category at roughly 10,000 visas per fiscal year.
Impact on regional centers
- Designation fee jumps from $17,795 to $44,115.
- Project‑application fee rises to $42,675, representing about 0.25 % of a typical $16 million, 20‑investor raise.
- The amendment fee drops dramatically to $9,835, eliminating the previous penalty of charging a full designation fee for each amendment.
- New annual Integrity Fund fees and a $2,165 promoter‑registration fee increase ongoing operating costs for centers.
- Late Integrity Fund payments incur a 10 % penalty in November and 20 % in December; non‑payment after December 30 results in termination. Annual collections are projected to rise from $13.9 million to $15.3 million.
Court‑ordered reset and new baseline
- In April 2024 USCIS raised EB‑5 fees to $11,160, but the American Immigrant Investor Alliance secured a stay (Moody v. Noem, U.S. District Court, Colorado) on November 12, 2025. Fees reverted to the 2016 schedule.
- The 2026 final rule is based on the program‑specific cost study required by the 2022 Reform and Integrity Act. The study projects program costs of ≈ $105 million for FY 2026‑27 versus ≈ $56.6 million in revenue at the pre‑increase fees, a shortfall of $48.4 million that the new fees aim to close.
- The Integrity Fund fee increase (10 %) reflects inflation; the overall fee doubling is not attributed solely to inflation.
Processing goals and practical considerations
- USCIS targets 180 days for regional‑center and project applications and 240 days for investor petitions (shorter for TEA filings). Past fee increases have not demonstrably accelerated processing.
- The most significant bottleneck remains the I‑956F project‑application stage, where delays can hinder capital raising.
- Higher fees do not guarantee faster adjudication; case volume, staffing, and complexity remain decisive factors.
Legacy investors
- Form I‑527 allows investors who filed before the RIA (March 2022) and whose regional center is terminated or project debarred to amend their petition and retain priority. The fee is $10,330, higher than the agency’s original proposal.
- Only about 10 % of legacy investors who responded to termination notices indicated interest in filing I‑527.
Upcoming inflation adjustment
- The statute requires the minimum investment amounts to be adjusted for inflation effective January 1, 2027. Estimates place the TEA minimum between $940,000 and $960,000.
- Petitions filed before November 30, 2026 pay the current fees and qualify at the $800,000 threshold. Those filed after that date but before January 1, 2027 pay the higher fees but still qualify at $800,000; from January 1, 2027 both fees and investment thresholds increase.
Legislative context
- Congress has authorized the EB‑5 regional‑center program only through September 30, 2027.
- A proposed rule (July 2026) would add a $1.4 million tier for projects in high‑employment areas; comment period closed August 31. The rule has not yet been finalized.
Source article: www.imidaily.com
