EB-5 Fee Increase: USCIS Final Rule More Than Doubles Investor Fees

Source: https://nomadlayer.com/articles/eb-5-fee-increase-2026

October 10, 2026
Golden VisasNews
EB-5 Fee Increase: USCIS Final Rule More Than Doubles Investor Fees

The cost of filing for a US green card through the EB-5 investor program is about to rise sharply. The Department of Homeland Security published its final EB-5 fee rule in the Federal Register on September 30, 2026. The new fees apply to filings postmarked on or after November 30, 2026.

The headline change: the Form I-526E petition that most regional center investors file goes from $3,675 to $7,850, an increase of about 114%. The standalone Form I-526 goes to $7,615, and the Form I-829 that investors file to remove conditions on their green card goes from $3,750 to $5,000.

The minimum investment amounts do not change under this rule, although they are due for an inflation review in early 2027.

Key takeaways

  • The final rule takes effect on November 30, 2026. Filings postmarked on or after that date must include the new fees.
  • Investor petitions more than double: I-526E rises to $7,850 and I-526 to $7,615, both including a new $75 technology fee.
  • Regional center fees rise even more steeply: the initial I-956 designation goes from $17,795 to $44,115.
  • USCIS says the old fees left a gap of about $48.4 million a year between program costs and revenue.
  • Minimum investments stay at $800,000 for targeted employment areas and infrastructure projects, and $1,050,000 elsewhere.

The new EB-5 fee schedule

The table compares the fees USCIS accepts today with the final fees. The "current" column reflects the pre-April 2024 fees that USCIS went back to after a court decision in late 2025 (more on that below).

Form or feeCurrent feeFinal feeChange
I-526E, regional center investor (initial)$3,675$7,850+114%
I-526E amendment$3,675$7,775+112%
I-526, standalone investor$3,675$7,615+107%
I-527, amendment to a legacy I-526 (new form)none$10,330new
I-829, removal of conditions$3,750$5,000+33%
I-956, regional center designation (initial)$17,795$44,115+148%
I-956 amendment$17,795$9,835-45%
I-956F, project application$17,795$42,675+140%
I-956G, regional center annual statement$3,035$2,165-29%
I-956K, promoter registration (new fee)none$2,165new
EB-5 Integrity Fund fee, per I-526E investor$1,000$1,100+10%

Sources: the final rule and a summary table published by the law firm Fragomen. USCIS calculates the weighted average increase across EB-5 forms at about 70.7%.

What an EB-5 investor pays at filing

For a regional center investor, the government cost at the petition stage now has two parts: the $7,850 I-526E fee and the $1,100 Integrity Fund fee. That brings the total to $8,950, compared with $4,675 under the current schedule. Later in the process, the I-829 petition to remove conditions costs $5,000.

These are only the EB-5 form fees. Fees for adjustment of status inside the US or for an immigrant visa abroad are set separately, as are legal fees, regional center fees and the cost of source of funds documentation.

The final fees are lower in places than the October 2025 proposal. The technology fee came in at $75 rather than the proposed $95. The new I-527, however, rose from a proposed $8,000 to a final $10,330.

Why USCIS raised EB-5 fees

The EB-5 Reform and Integrity Act of 2022 requires USCIS to fund the EB-5 program from fees set on the basis of a fee study. The final rule uses projections for fiscal years 2026 and 2027. USCIS estimates program costs of about $105.0 million a year against about $56.6 million in revenue at current fees, a gap of about $48.4 million.

The history explains why "current" fees look low. A general USCIS fee rule raised EB-5 fees from April 1, 2024. On November 12, 2025, a federal court in Colorado stayed the EB-5 part of that rule in Moody v. Noem, finding that the 2022 Act did not let DHS adjust EB-5 fees that way. USCIS then returned to the fees in force before April 2024. The agency says it disagrees with the decision but has implemented it, and the final rule states that USCIS is not required to refund investors who paid the 2024 fees.

The final rule projects about 16,600 EB-5 filings a year across all forms.

What it means for regional centers

Regional centers take the bigger hit. The initial I-956 designation more than doubles to $44,115, and the I-956F project application rises to $42,675. Both now include a share of the cost of terminating regional centers. Amendments and annual statements get cheaper.

The rule also writes the annual Integrity Fund fee into the regulations: $22,000 per regional center, or $11,000 for centers with 20 or fewer investors. Late payment brings a 10% penalty after 30 days and 20% after 60 days. USCIS can terminate a center that has not paid within 90 days of the due date.

What stays the same

The minimum investment is $800,000 for projects in a targeted employment area or qualifying infrastructure, and $1,050,000 for other projects. The final rule notes that nearly all EB-5 investments use the lower amount. The regional center program is authorized through September 30, 2027.

Separately, the 2022 Act provides for the investment amounts to be adjusted for inflation, with the first adjustment due on January 1, 2027 and further adjustments every five years, under 8 U.S.C. 1153(b)(5)(C). As of October 2026, USCIS has not published new figures. Basic program information is on the USCIS EB-5 page.

Investors who are close to filing often ask their immigration attorney about timing, because a petition postmarked before November 30 still uses the current fees. For a broader view of how the EB-5 compares with other routes, see our explainer on residency by investment versus citizenship by investment and our note on rising processing times across programs.

Frequently asked questions

When do the new EB-5 fees take effect?

The rule takes effect on November 30, 2026. Any EB-5 form postmarked on or after that date must include the new fee.

How much is the I-526E fee now?

Until November 29, 2026, the I-526E fee is $3,675. From November 30, 2026, it is $7,850, which includes a $75 technology fee. The $1,100 Integrity Fund fee comes on top.

Does the fee rule change the EB-5 minimum investment?

No. The rule changes filing fees only. The minimum stays at $800,000 or $1,050,000, although the 2022 Act provides for an inflation adjustment from January 1, 2027.

Will investors who paid the 2024 fees get a refund?

According to the final rule, USCIS is not required to refund investors who paid the higher fees in force from April 2024 until the November 2025 court decision.

Important: This article is general information, not tax, legal or financial advice. Rules change often and depend on your personal circumstances. Speak with a qualified professional in each relevant country before you act.

Nomad Layer Team

Digital nomad expert and contributor to the Nomad Layer community.