U.S. Citizenship and Immigration Services (USCIS) has published a final rule establishing a new fee schedule for the EB-5 Immigrant Investor Program, implementing provisions of the EB-5 Reform and Integrity Act of 2022. The rule introduces significant fee increases, creates a new Form I-527, adjusts Integrity Fund fees, and adds a new technology fee for certain investor petitions.
The rule becomes effective 60 days after publication in the Federal Register (September 30, 2026), and all EB-5 filings submitted on or after that date must include the new fees.
New EB-5 Filing Fees
Investor Petitions
| Form | Current Fee | New Fee |
|---|---|---|
| I-526 (Standalone Investor) | $3,675 | $7,615 |
| I-526E (Regional Center Investor – Initial) | $3,675 | $7,850 |
| I-526E Amendment | $3,675 | $7,775 |
A new $75 EB-5 Technology Fee is included in initial Form I-526 and I-526E filings.
Form I-829
The fee for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, will increase from $3,750 to $5,000.
Regional Center Related Forms
| Form | Current Fee | New Fee |
|---|---|---|
| I-956 Initial Regional Center Designation | $17,795 | $44,115 |
| I-956 Amendment | $17,795 | $9,835 |
| I-956F Project Application | $17,795 | $42,675 |
| I-956G Annual Statement | $3,035 | $2,165 |
| I-956H Bona Fides Filing | $0 | $65 |
| I-956K Promoter Registration | $0 | $2,165 |
Several fees more than double, particularly for Forms I-956 and I-956F.
New Form I-527 Created
The final rule creates Form I-527, Amendment to Legacy Form I-526, for certain pre-EB-5 Reform Act investors.
The form allows older investors to amend pending petitions in order to preserve eligibility if:
- A regional center is terminated; or
- A new commercial enterprise or job-creating entity is debarred.
The new filing fee will be $10,330.
Higher Integrity Fund Fees
USCIS is increasing EB-5 Integrity Fund fees by approximately 10% to reflect inflation.
New Fees
| Fee Type | Current | New |
|---|---|---|
| Investor Integrity Fund Fee | $1,000 | $1,100 |
| Regional Center Fee (20 or fewer investors) | $10,000 | $11,000 |
| Regional Center Fee (more than 20 investors) | $20,000 | $22,000 |
The increases are based on inflation data from 2022 through 2025.
New Late-Payment Penalties for Regional Centers
The rule codifies penalties tied to annual Integrity Fund payments.
Regional centers that fail to pay on time may face:
- 10% penalty if payment is made between November 1 and November 30;
- 20% penalty if payment is made between December 1 and December 30; and
- Termination if payment is not made by December 30.
Revised I-829 Filing Rules for Dependents
The final rule also updates procedures regarding dependent family members filing Form I-829 separately from the principal investor.
USCIS clarifies:
- Certain spouses, former spouses, and children may file their own I-829 petitions in specified circumstances.
- Dependents may continue pursuing removal of conditions even if the principal investor does not file or is deceased, provided statutory requirements are met.
Why It Matters
USCIS estimates that the fee changes will affect more than 16,000 annual EB-5 filings and increase average EB-5 filing costs by approximately 70.7%. The agency states that the increases are necessary to support adjudications, compliance reviews, fraud prevention initiatives, audits, site visits, and technology modernization efforts.
Investors and regional centers with planned filings may wish to review timelines carefully because filing before the effective date could avoid some of the increased costs.
Background
As EIG previously reported in Federal Court Strikes Down EB-5 Fee Hikes, Reinstates Lower Filing Fees, a federal court invalidated USCIS’ earlier EB-5 fee increase and restored the prior fee schedule. The new final rule is USCIS’ response to that decision, establishing a revised fee framework that includes higher filing fees, updated Integrity Fund fees, and new EB-5 filing requirements.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.