EB-5 filing fees to increase on November 30 - EB5Investors.com

EB-5 filing fees to increase on November 30

EB5Investors.com Staff
fees

U.S. Citizenship and Immigration Services has finalized a long-awaited fee schedule for the EB-5 visa program, establishing a middle ground between current costs and the steeper increases proposed in 2024, which were later struck down.

The new fees take effect on November 30, 2026. A separate, automatic increase to the program’s minimum investment amount is set for January 1, 2027. With both deadlines approaching, EB-5 applicants face a narrowing window to submit applications under the current fee and investment thresholds.

What Changes on Nov. 30, 2026?

The upcoming fee schedule applies only to USCIS administrative filing fees—the price investors pay the government to process their application.

• Form I-526E (Regional Center Investor Petition): Rises from $3,675 to $7,850

• Form I-526 (Standalone Investor Petition): Rises from $3,675 to $7,615.

• Form I-829 (Petition to Remove Conditions): Rises from $3,750 to $5,000.

This rule does not introduce a new fee hike for Form I-485 and DS-260, the forms EB-5 investors fill out to adjust their immigration status in the U.S., depending on whether they are already living in the U.S. on another visa or abroad, respectively.

The hike also includes fees regional centers pay to obtain their United States Citizenship and Immigration Services (USCIS) designation and have their EB-5 projects approved.

• Form I-956F (Application for Project Approval): Rises from $17,795 to $42,675.

• Form I-956 (Regional Center Designation) rises from $17,795 to $44,115, the single largest increase in the rule.

What Does Not Increase (Yet)

Once the November 30 schedule takes effect, these EB-5 application fees are locked in as the stable baseline until the next regulatory review cycle. Per the EB-5 Reform and Integrity Act of 2022 (RIA), USCIS must conduct a fee study every two years to ensure the program remains self-sustaining. This means these exact numbers are legally secure until the late 2028 review period.

Why is USCIS Increasing the Fees?

USCIS is almost entirely funded by filing fees, not taxpayer dollars. When political friction brings the federal government to the brink of a shutdown, this financial autonomy lets the agency continue processing visa applications uninterrupted while other federal counterparts must close shop.

However, this autonomy requires strict self-funding. According to USCIS, the updated fees will ensure the agency can clear case backlogs, fund back-end security, conduct mandatory compliance audits, carry out project site visits, and work toward faster statutory processing-time goals.

The 12.5-Month Relief Window: Why Now?

The new EB-5 prices follow a unique, temporary 12.5-month “fee holiday” for EB-5 investors.

In April 2024, USCIS aggressively hiked fees (attempting to push the I-526E fee to $11,160). However, in November 2025, a federal court stayed those hikes because the agency failed to complete a program-specific fee study before raising prices. This forced USCIS to immediately revert to pre-2024 pricing.

For nearly a year, EB-5 investors enjoyed a temporary return to lower costs while USCIS corrected its procedural errors. Meanwhile, USCIS completed its required economic studies, published a formal proposal, reviewed industry feedback, and lowered the final rates to the newly announced “middle ground” figures.

Because the U.S. immigration agency followed correct administrative procedures this time, the industry consensus is that these fees are built to withstand future court challenges.

Critical Distinction: Filing Fees vs. Capital Investments

The November 30, 2026, fee deadline must not be confused with the separate financial milestone coming on January 1, 2027.

That day marks an increase in the minimum capital an investor must deploy in a U.S. business to qualify for a green card. This is because statutory minimums automatically receive a 5-year inflation adjustment established by law. As a result, Targeted Employment Area (TEA) thresholds are expected to jump from $800,000 to an estimated $940,000+.

This creates a highly compressed, multi-stage window of opportunity for prospective EB-5 applicants. Filing a completed petition before late November saves thousands in immediate government filing fees. Filing before Jan. 1 prevents investors from having to commit additional primary capital to a project.

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