U.S. Citizenship and Immigration Services Adjusts Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fees and Impl

Current rules

The final rule establishes a fee system specifically designed around the EB-5 programme's costs and the statutory processing objectives contained in the 2022 Reform and Integrity Act. USCIS revised its fee study using FY2026 and FY2027 workload and cost projections rather than relying on the older assumptions used for the 2025 proposed rule. Projected average annual EB-5 receipts were revised from 11,262 to 16,604 filings. The fee-setting methodology is intended to recover the costs of administering EB-5, including adjudication, programme management, compliance, fraud prevention and information technology. USCIS states that the final fee structure is designed around statutory average processing goals, including 180 days for regional-centre applications and applications for investment in a new commercial enterprise, 240 days for immigrant investor petitions and petitions to remove conditions, and 120 days for certain EB-5 petitions involving targeted employment areas. These are statutory programme goals used in the fee-setting methodology, not a guarantee that every individual case will be completed within those periods. The new Form I-527 is one of the most substantive additions. It is intended for investors who filed legacy Form I-526 petitions before the EB-5 Reform Act and who need to amend those petitions to preserve eligibility following termination of their regional centre or debarment of their new commercial enterprise or job-creating entity. The fee is $10,330. USCIS has clarified that Form I-527 is not treated as a new immigrant petition. An investor using the form retains the original priority date, and USCIS says there are no penalties simply for seeking relief under the statutory investor-protection provision. Adjudication of the amendment will consider the circumstances of the individual case, including relevant source-of-funds, job-creation and good-faith issues where applicable. The rule also formalises annual Integrity Fund payments. Every designated regional centre must pay its applicable annual fee on 1 October. The amount depends on the number of qualifying investors associated with the regional centre's new commercial enterprises during the preceding fiscal year. The regulation further formalises the role of promoters. Form I-956K is required for registration of direct and third-party promoters, including migration agents, acting in connection with regional centres, new commercial enterprises, affiliated job-creating entities or securities offered in connection with EB-5 projects.

Overview

The U.S. Citizenship and Immigration Services (USCIS) has issued a final rule to adjust the fees for the Employment-Based Immigrant Visa, Fifth Preference (EB-5) immigration benefit requests. This adjustment ensures adequate funding for the administration of the programme, enhances integrity measures, and aligns with statutory requirements. Effective from 30 November 2026, any application, petition, or request postmarked on or after this date must include the new fees. This decision also codifies aspects of the EB-5 Reform and Integrity Act of 2022, introducing new statutory requirements and a technology fee to cover programme administration costs.

What changed in the latest version

This rule significantly impacts EB-5 investors and Regional Centres by increasing the financial burden associated with the programme. All EB-5 applications, petitions, or requests postmarked on or after 30 November 2026 must be accompanied by the new, higher fees, including the 10 percent increase for Integrity Fund fees. This means that applicants and Regional Centres will incur greater costs, which could influence investment decisions and operational budgets. The introduction of a new technology fee, up to one percent of the petition fee, will further add to these expenses. For Regional Centres, the revised allocation of termination and reaffirmation costs exclusively to initial Form I-956 and Form I-956F filings, rather than amendments, alters the fee structure they must account for. These changes are intended to ensure adequate funding for programme administration, enhance integrity measures, and comply with statutory requirements, but they will directly translate into higher out-of-pocket costs for participants.

Explained simply

Imagine you're applying for a special kind of investment visa to the U.S. called an EB-5 visa. The U.S. government has just announced that the application fees for these visas are going up. This change happens on 30 November 2026. If you send in your application on or after that date, you'll need to pay the new, higher fees. This is so the government can cover the costs of running the programme and make sure it's fair and secure.

Version history

1. v1Effective 30 Nov 2026EffectiveHigh impact
   U.S. Citizenship and Immigration Services Adjusts Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fees and Implements Integrity Act Provisions

   The U.S. Citizenship and Immigration Services (USCIS) has published a final rule adjusting fees for Employment-Based Immigration, Fifth Preference (EB-5) benefit requests, effective from 30 November 2026. This rule codifies provisions of the EB-5 Reform and Integrity Act of 2022 and implements new statutory requirements. Notably, the EB-5 Integrity Fund fees are increased by 10 percent due to inflation, meaning the Form I-526E fee rises to $1,100, the Regional Centre fee to $11,000, and certain Regional Centre fees to $22,000. Additionally, a new technology fee may be included, and costs for regional centre terminations and reaffirmations are now allocated exclusively to initial Form I-956 and Form I-956F filings.