The US Department of Homeland Security (DHS), through US Citizenship and Immigration Services (USCIS), has issued a proposed rule to revise the fee structure for the Employment-Based Fifth Preference (EB-5) Immigrant Investor Program. The proposal aims to align with the EB-5 Reform and Integrity Act of 2022 and ensure the program is adequately funded and administered with transparency and efficiency.
Key Proposed Changes
- Fee Reductions for Core Petitions:
USCIS proposes to reduce filing fees for several EB-5 forms, including:- Form I-526/I-526E (Initial Petitions): Reduced from USD 11,160 to USD 9,625 (including a USD 95 technology fee)
- Form I-829 (Petition to Remove Conditions): Reduced from USD 9,525 to USD 7,860
- Form I-956 (Regional Center Designation): Reduced from USD 47,695 to USD 28,895
- New Forms and Fees Introduced:
- Form I-527: A new form to amend legacy I-526 petitions, proposed at USD 8,000
- Form I-956H and I-956K: New filings for individuals and promoters involved in the Regional Center Program, with fees of USD 55 and USD 2,740 respectively
- EB-5 Integrity Fund Adjustments:
- Annual fees of USD 10,000 or USD 20,000 for regional centers, depending on the number of investors
- A USD 1,000 fee per Form I-526E to support the Integrity Fund
- Penalties for late payments and potential termination of regional centers for non-compliance
- Clarification on Derivative Filings:
- New guidance on when spouses and children of EB-5 investors must file separate Form I-829 petitions, especially in cases where the principal investor is deceased or not filing jointly
Why This Matters
The proposed rule is designed to:
- Ensure USCIS has the resources to meet processing goals and conduct audits
- Enhance program integrity through better oversight and compliance mechanisms
- Reduce costs for investors and regional centers while maintaining program sustainability
Public Comment Period
Stakeholders are encouraged to submit comments on the proposed rule by December 22, 2025, via the Federal eRulemaking Portal under DHS Docket No. USCIS-2025-0139.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is 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.