DHS has released a notice of proposed rulemaking (NPRM) specific to the EB-5 program that would lower the core investor petition fees, add a small technology surcharge and codify several elements of the 2022 Reform and Integrity Act.
The NPRM also sets non-binding processing time goals and details how USCIS plans to fund expanded integrity checks.
Changes at a glance
USCIS proposes to reduce the Form I-526 and I-526E fee to $9,530 and to add a separate EB-5 technology fee of $95 per initial filing. The I-829 fee would fall to $7,860. DHS would introduce a new Form I-527 ($8,000) for certain pre-RIA investors seeking to retain eligibility after a termination or debarment event.
The proposal keeps the annual EB-5 Integrity Fund structure but adjusts the regional center payments for inflation to $21,650 (21 or more investors) or $10,825 (20 or fewer).
DHS also proposes date-specific late-payment penalties for the Regional Center Integrity Fund: 10% if paid Nov 1–Nov 30, 20% if paid Dec 1–Dec 30, and termination if the fee (plus any penalty) is not paid by Dec 30.
The rule text reiterates the RIA investment thresholds of $1,050,000, or $800,000 for TEA, rural, or infrastructure investments.
DHS sets non-binding goals of 240 days for I-526E (or 120 days for TEA investments) and I-829, and 180 days for I-956 and I-956F (or 90 days if the NCE is located in a TEA). The preamble is clear that these are targets rather than enforceable deadlines.
USCIS proposes to clarify that, where derivatives are not included on the principal investor’s I-829, each spouse and child should file a separate I-829. If the principal is deceased, all derivatives may file together on a single I-829, and the filing window mirrors the principal’s timeline.
DHS ties the proposal to an EB-5-specific fee study that estimates I-526/I-526E processing costs at about $35.5 million and uses activity-based costing to align fees with program costs and processing goals. The agency projects a ten-year decrease in transfers from applicants of roughly $244.1 million.
The comment period runs through December 22, 2025. Stakeholders can comment on the proposed fee schedule, Integrity Fund mechanics, processing time targets and the I-829 derivative approach.
New versus current position
In April 2024, USCIS raised the EB-5 filing fees sharply, including moving I-526/I-526E from $3,675 to $11,160 and I-829 from $3,750 to $9,525. The new proposal would partially roll back those increases to $9,530 plus a $95 technology fee for initial I-526/I-526E filings, and $7,860 for I-829.
Regional center filings would also see significant reductions: I-956 initial to $28,895, I-956 amendment to $18,480, and I-956F to $29,935.
Alongside lower form fees, DHS flags continued use of audits, random and for-cause site visits, and national security checks funded in part by the Integrity Fund and the new technology fee, with IT modernization to shift IPO toward end-to-end electronic processing.
Earlier in 2025, the administration promoted a “gold card” concept for ultra-high-net-worth immigrants, initially described as replacing EB-5. Subsequent reporting indicated a shift toward operating alongside EB-5 rather than supplanting it. Nothing in the DHS EB-5 NPRM changes or sunsets EB-5, so at this point, the gold card discussion should be considered as separate from this rulemaking.
NNU Perspective
Fee relief is of course welcome (and rare), but planning still matters.
For investors close to filing, the calculus is timing against the NPRM. Until finalized, current fees apply, so consideration may want to be given to evaluate whether to proceed now or wait, factoring in visa availability, priority dates, country backlogs and whether a set-aside category is in play.
For regional centers, lower I-956/I-956F pricing helps, yet the Integrity Fund adjustments and late penalties introduce hard budget dates each October 1.
The I-829 derivative rule clarification helpfully removes ambiguity. Families should plan early for separate filings if the principal cannot include them, with evidence strategies divided across petitions.
Finally, treat the processing time goals as planning assumptions only. They inform expectations, not rights. Expect audits and site visits to continue, so keep records, source-of-funds trails and job-creation methodologies audit-ready.
Need Assistance?
For tailored advice on timing, fees under the proposal or any other aspect of the EB-5 program, reach out to our US attorneys.
Read the proposed rule here
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.