Foreign investor applicants using the EB-5 immigrant investor program will encounter increased filing fees and modifications to specific application processes due to a new rule from the Department of Homeland Security (DHS) overseen by US Citizenship and Immigration Services ( USCIS ).
The updated fees will be implemented starting November 30, 2026. The EB-5 visa initiative enables eligible foreign investors to pursue permanent residency in the US through an investment of at least $1.05 million in a qualifying enterprise, or $800,000 in a targeted employment zone or infrastructure project, with the requirement of creating a minimum of 10 full-time jobs. When a regional center investor submits Form I-526E, the initial filing fee amounts to $7,850, which encompasses the technology charge. Additionally, the investor is required to pay a distinct EB-5 Integrity Fund fee, which will rise from $1,000 to $1,100. Form I-829, used by qualifying investors to request USCIS for the removal of conditions on their permanent resident status, will see an increase from $3,750 to $5,000. Regional centers that submit their annual Integrity Fund fees between November 1 and November 30 will incur a 10% penalty, which increases to 20% for payments made from December 1 to December 30. Centers that do not pay the fee along with any penalties by December 30 risk losing their designation.
These modifications impact investor petitions, some current investors, and regional centers involved in the program. Typically, an investor can include an eligible spouse and children in the petition. However, family members not included may need to submit separate petitions as outlined in the rule.
