USCIS Finalizes New EB-5 Filing Fees
The final rule establishes a revised fee structure for EB-5 applications and petitions, replacing charges that have been subject to litigation and regulatory changes over the past two years.
USCIS previously introduced higher EB-5 fees under its general immigration fee rule, which took effect in April 2024.
However, on November 12, 2025, the US District Court for the District of Colorado issued an order in Moody v. Noem staying certain EB-5 fees introduced under that rule.
Following the decision, USCIS reverted to accepting the fees that applied before April 1, 2024, for the affected applications.
The September 2026 final rule establishes a new fee schedule under the authority provided by the EB-5 Reform and Integrity Act. DHS also revised several of the amounts originally proposed in October 2025, taking account of public comments, updated application volumes and revised program costs.
DHS estimates that the new schedule will increase fees for existing EB-5 forms by approximately 70.7% on a weighted-average basis. The actual change varies considerably between application types.
The revised fees are intended to fund EB-5 adjudications, program integrity measures and technology improvements. DHS has also stated that the fee structure is designed to support the processing time objectives established under the 2022 legislation. The rule does not, however, guarantee faster processing of individual applications.
New EB-5 Fees From November 30, 2026
The final rule sets new charges for investor petitions, regional center applications and ongoing reporting requirements.
The following fees will apply from November 30, 2026:
| Application or Fee | New Fee |
|---|---|
| Form I-526, standalone investor petition | $7,615 |
| Form I-526E, initial regional center investor petition | $7,850 |
| Form I-526E, amendment | $7,775 |
| Form I-829, removal of conditions | $5,000 |
| Form I-527, legacy investor petition amendment | $10,330 |
| Form I-956, initial regional center designation | $44,115 |
| Form I-956, amendment | $9,835 |
| Form I-956F, project application or amendment | $42,675 |
| Form I-956G, regional center annual statement | $2,165 |
| Form I-956H, persons involved in the regional center program | $65 |
| Form I-956K, promoter registration | $2,165 |
The new amounts are specified in the final regulatory text and apply to the relevant application or petition type.
Additional EB-5 Fees
The final rule also establishes a $75 EB-5 technology fee for Form I-526 and initial Form I-526E petitions.
The technology charge is already included in the $7,615 and $7,850 filing fees shown above. Applicants should not add another $75 to those amounts.
Regional center investors filing Form I-526E must also account for the separate statutory EB-5 Integrity Fund petition fee, which increases from $1,000 to $1,100.
For an initial Form I-526E filing, the combined USCIS petition and Integrity Fund charges will therefore be $8,950, before any other applicable immigration fees.
The statutory Integrity Fund contribution is separate from the capital investment required under the EB-5 program.
The final rule also increases annual Integrity Fund contributions for regional centers to $11,000 or $22,000, depending on the number of qualifying investors associated with the regional center.
The separate charges mean that the fee shown against an individual USCIS form may not represent the total government cost of the relevant EB-5 application process.
When Do the New EB-5 Fees Take Effect?
The new EB-5 fee schedule takes effect on November 30, 2026.
Under the final rule, applications, petitions and requests postmarked on or after that date must include the revised fees.
Applications filed before the effective date remain subject to the fees applicable when they are properly submitted.
For investors already preparing an I-526 or I-526E petition, the implementation date is therefore relevant to the total cost of filing. Applications prepared using the current fee amounts may need to be updated if they are not submitted before November 30.
Applicants should confirm the correct fee immediately before filing. USCIS can reject benefit requests submitted with an incorrect payment, which may require the applicant to prepare and submit a new filing.
The fee deadline should not be confused with the timing requirements governing EB-5 investment eligibility. Paying the current filing fee before November 30 does not compensate for incomplete source-of-funds evidence, deficient investment arrangements or missing supporting documentation.
The new fee rule also has no effect on the statutory minimum investment thresholds, which remain $800,000 for qualifying targeted employment area and infrastructure investments and $1,050,000 for investments subject to the standard threshold.
What Do the New EB-5 Fees Mean for Investors?
The revised schedule increases the government costs associated with several stages of the EB-5 process, from the initial immigrant petition through to the removal of conditions on permanent residence.
The financial effect will depend on whether the investor is applying independently, through a regional center or under a legacy EB-5 arrangement.
Initial EB-5 Investor Petitions
Standalone investors filing Form I-526 will pay $7,615 under the new schedule.
Investors applying through a regional center will pay $7,850 for an initial Form I-526E petition, together with the additional $1,100 Integrity Fund petition fee.
Investors also need to distinguish government filing charges from other costs associated with an EB-5 investment.
Legal fees, regional center administration charges and other investment-related expenses may be payable separately. The new fee schedule does not regulate all such commercial charges or make them part of the qualifying capital investment.
Removing Conditions on Permanent Residence
EB-5 investors initially obtain conditional permanent residence for two years.
To remove those conditions, qualifying investors must generally file Form I-829 and demonstrate that they have satisfied the applicable EB-5 requirements, including investment and job creation obligations.
Under the new schedule, the Form I-829 filing fee will be $5,000.
The revised charge will affect investors who have already obtained conditional residence but have not yet reached the stage of filing to remove their conditions.
Investors should therefore distinguish the fees associated with obtaining conditional residence from those payable later in the immigration process.
Legacy EB-5 Investors
The final rule also introduces Form I-527, Amendment to Legacy Form I-526, with a filing fee of $10,330.
The new form is intended for certain investors who filed before the EB-5 Reform and Integrity Act of 2022 and need to amend their petitions following specified adverse developments affecting their regional center or investment structure.
These circumstances can include termination of a regional center or debarment of a new commercial enterprise or job-creating entity.
Form I-527 is not a general amendment procedure available for every EB-5 investor. Its use depends on the eligibility provisions governing qualifying legacy cases.
Not every affected legacy investor will need to file Form I-527. Some investors may remain eligible despite regional center termination, depending on their investment arrangements and whether the applicable EB-5 requirements continue to be satisfied.
For affected investors, the new filing charge adds to the financial consequences of restructuring an investment or responding to problems involving an original EB-5 project.
What Do the New EB-5 Fees Mean for Regional Centers?
Regional centers face a broader range of revised charges under the final rule.
The fee for an initial regional center designation will be $44,115, while an amendment to an existing designation will cost $9,835.
Form I-956F, used to seek approval of an investment offering through a new commercial enterprise, will carry a fee of $42,675. The same charge applies to amendments covered by the form.
Annual reporting through Form I-956G will cost $2,165.
Regional centers must also account for the annual EB-5 Integrity Fund contribution.
The final rule increases the contribution to $11,000 for regional centers with 20 or fewer qualifying investors and $22,000 for those exceeding that threshold.
The investor count is determined under the regulatory definition, rather than simply by reference to the total number of investors who have ever participated in a regional center’s projects.
Integrity Fund Payment Penalties
The final rule also codifies penalties for late payment of annual Integrity Fund contributions.
The new regulations establish an October 1 annual payment date. Under the revised penalty provisions, payment between November 1 and November 30 attracts a 10% penalty, while payment between December 1 and December 30 attracts a 20% penalty.
Under the new regulations, USCIS will terminate a regional center’s designation if the required fee and applicable penalties remain unpaid after December 30. Before termination, USCIS must issue a notice of intent to terminate and provide an opportunity to establish that the required payment was made by the deadline. A termination decision may be appealed.
These provisions take effect on November 30, 2026. Their application to the current payment cycle should be distinguished from the requirements already in force before that date.
For regional centers managing multiple projects, the revised fees also have wider financial implications.
Designation costs, project application charges, annual reporting expenses and Integrity Fund contributions all need to be reflected in operating budgets.
Where project costs are passed on to investors, regional centers should assess whether existing financial projections and investor disclosures accurately reflect the revised regulatory charges.
NNU Immigration Attorney Insight
The November 30 implementation date creates a financial incentive for investors and regional centers to complete filings under the existing fee schedule. However, the cost of submitting an incomplete or poorly documented EB-5 application can substantially exceed any saving on USCIS fees.
The more significant financial exposure for investors remains the capital committed to the investment and the consequences of an unsuccessful petition. Source-of-funds evidence, investment documentation and project eligibility should not be compromised simply to meet the fee deadline.
This is going to be important for regional center investments, where applicants depend on project documentation and information supplied by third parties. An investor may be ready to file from a personal documentation perspective while material elements of the underlying project remain unresolved.
Regional centers face a different financial calculation. The revised fees affect the cumulative cost of obtaining designation, bringing projects forward and maintaining regulatory compliance. Where several projects are being developed, those costs can have a material effect on project budgets and commercial arrangements with investors.
Regional centers should review how the increased charges are allocated, particularly where existing agreements or investor disclosures were prepared using earlier fee assumptions.
The new schedule also illustrates why EB-5 applicants should assess the full cost of the immigration process rather than focusing solely on the minimum investment threshold. Government filing charges, administrative expenses and professional fees arise at different stages, while the investment itself remains subject to the financial and immigration risks of the EB-5 program.
For cases approaching submission, the priority is to establish whether the application can be properly filed before November 30 without introducing avoidable legal or financial exposure.
Need Assistance?
NNU Immigration advises investors and businesses on EB-5 visa requirements, investment-based immigration applications and the regulatory obligations associated with the EB-5 program.
For advice on the new EB-5 fee schedule or the implications for an existing or proposed investment, book a fixed-fee telephone consultation with one of our US immigration attorneys.
