USCIS published a final rule in the Federal Register on September 30, 2026, establishing a new fee schedule for the EB-5 Immigrant Investor Program. The rule becomes effective on November 30, 2026.
Any EB-5 application, petition, or request postmarked on or after November 30, 2026, must include the new USCIS filing fees. The final rule increases several fees by more than 100 percent, creates a new Form I-527, increases EB-5 Integrity Fund fees, and imposes specific penalties for late regional center payments.
The rule implements the fee-recovery requirements of the EB-5 Reform and Integrity Act of 2022. USCIS states that the new fees will fund program administration, adjudication, compliance reviews, audits, site visits, fraud prevention, information technology, and other integrity measures.
Investors, regional centers, new commercial enterprises, job-creating entities, and employers involved in EB-5 projects should review filing schedules immediately.
The November 30, 2026, Effective Date Controls Which Fees Apply
The final rule is effective 60 days after publication. USCIS will apply the new fee schedule to any covered EB-5 filing postmarked on or after November 30, 2026.
A filing prepared before November 30 does not automatically qualify for the current fee schedule. The filing must be properly completed, accompanied by the correct payment, and postmarked before the effective date. USCIS may reject a filing that contains an incorrect fee or otherwise fails intake requirements.
USCIS’s official final rule explains the fee schedule and related regulatory changes. Filers should also verify the current edition of the USCIS Form G-1055 Fee Schedule before submitting any package.
New EB-5 Investor Filing Fees
The following fees apply to the principal EB-5 investor forms under the final rule:
- Form I-526, Immigrant Petition by Standalone Investor: Increases from $3,675 to $7,615, a 107 percent increase.
- Form I-526E, Immigrant Petition by Regional Center Investor, initial filing: Increases from $3,675 to $7,850, a 114 percent increase.
- Form I-526E amendment: The fee is $7,775.
- Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status: Increases from $3,750 to $5,000, a 33 percent increase.
The new $75 EB-5 Technology Fee applies to Form I-526 and initial Form I-526E filings. The $75 amount is included in the new $7,615 Form I-526 fee and the new $7,850 initial Form I-526E fee. It is not added again to those listed totals.
An initial Form I-526E filing also requires a separate $1,100 EB-5 Integrity Fund fee. Therefore, an investor filing an initial Form I-526E after the effective date should generally budget at least:
- $7,850 for the initial Form I-526E filing; and
- $1,100 for the EB-5 Integrity Fund fee.
These amounts do not include attorney fees, project administration charges, financial due diligence expenses, or other private costs.
New Form I-527 Protects Certain Legacy Investors
The final rule creates Form I-527, Amendment to Legacy Form I-526. The fee is $10,330.
Form I-527 is intended for certain investors who filed before enactment of the EB-5 Reform and Integrity Act of 2022. It may allow an eligible investor to preserve classification eligibility when:
- The investor’s regional center is terminated; or
- The investor’s new commercial enterprise or job-creating entity is debarred.
The form is not a new immigrant petition. USCIS states that it will not treat a Form I-527 filing as a new petition for priority-date purposes. Eligibility depends on the investor’s specific facts, including investment, job creation, statutory compliance, and whether the investor knowingly participated in conduct leading to the termination or debarment.
The Form I-527 filing process includes statutory timing requirements. A legacy investor who receives a termination or debarment notice should obtain legal advice promptly. Waiting until the applicable deadline approaches can prevent adequate review of the investment records and supporting evidence.
Regional Center Filing Fees Increase and Decrease Unevenly
The final rule changes the fees for regional center filings as follows:
- Form I-956 initial regional center designation: Increases from $17,795 to $44,115, a 148 percent increase.
- Form I-956 amendment: Decreases from $17,795 to $9,835.
- Form I-956F project application: Increases from $17,795 to $42,675, a 140 percent increase.
- Form I-956G annual statement: Decreases to $2,165.
- Form I-956H, Bona Fides of Persons Involved with the Regional Center Program: Becomes $65.
- Form I-956K, Registration for Direct and Third-Party Promoters: Becomes $2,165.
The higher initial Form I-956 fee and Form I-956F fee reflect USCIS’s allocation of costs associated with program administration, adjudication, and regional center termination or reaffirmation activities. The lower amendment and annual statement fees reflect USCIS’s revised cost analysis for those filings.
Regional centers should identify planned designation applications, project applications, amendments, annual statements, and promoter registrations. Filing timing can materially affect the total cost of a planned project or regional center expansion.
EB-5 Integrity Fund Fees Increase by Approximately 10 Percent
The final rule increases the following Integrity Fund fees:
- Initial Form I-526E investor fee: Increases from $1,000 to $1,100.
- Regional center annual fee for 20 or fewer investors: Increases from $10,000 to $11,000.
- Regional center annual fee for more than 20 investors: Increases from $20,000 to $22,000.
The Integrity Fund supports statutory integrity functions, including compliance reviews, fraud investigations, audits, and site visits. The fee structure is separate from the base USCIS filing fee for an initial Form I-526E.
USCIS estimates that the final fee schedule will affect more than 16,000 annual EB-5 filings and increase average EB-5 filing costs by approximately 70.7 percent.
Late Regional Center Payments Create Direct Penalties
Regional center annual Integrity Fund fees are due on October 1. The final rule establishes the following payment consequences:
- A payment made from November 1 through November 30 incurs a penalty equal to 10 percent of the required fee.
- A payment made from December 1 through December 30 incurs a penalty equal to 20 percent of the required fee.
- Failure to pay the required fee and applicable penalty by December 30 results in termination proceedings against the regional center.
USCIS must provide a notice of intent to terminate before termination. However, a regional center should not rely on that notice as a substitute for timely payment. Failure to maintain the regional center designation can disrupt project operations and create immigration consequences for associated investors, depending on the facts and applicable statutory protections.
Regional centers should establish internal controls for investor-count calculations, payment authorization, Pay.gov access, and documentation retention.
Revised Form I-829 Procedures Protect Certain Dependents
The final rule also revises Form I-829 procedures. Certain spouses, former spouses, and children may file separate petitions to remove conditions on residence.
A dependent may be required or permitted to file independently when:
- The principal investor does not include the dependent on the Form I-829;
- The principal investor is deceased;
- The dependent is a former spouse divorced during the period of conditional permanent residence; or
- A child reaches age 21 or marries during the conditional residence period.
A spouse, former spouse, or child may also be able to pursue removal of conditions when the principal investor does not file, provided the dependent meets the statutory requirements.
The filing period generally remains tied to the period when the principal investor was required to file. A late filing requires a showing of good cause and extenuating circumstances. Dependents should not assume that the principal investor’s failure to file automatically ends their own eligibility.
Why the Fee Schedule Changed
The EB-5 Reform and Integrity Act of 2022 required USCIS to conduct a program-specific fee study and set fees that recover the full cost of administering the EB-5 program. USCIS states that the new fees are designed to support:
- EB-5 petition and application adjudication;
- Processing-time objectives established by statute;
- Compliance reviews and audits;
- Regional center site visits;
- Fraud prevention and investigation;
- Background and eligibility checks;
- Program technology improvements; and
- Regional center termination and reaffirmation work.
The final rule follows litigation involving an earlier USCIS fee increase. A federal court previously invalidated or stayed the earlier fee schedule, and USCIS restored the prior fees. The September 30, 2026, final rule represents USCIS’s new program-specific response to the statutory cost-recovery requirement.
Practical Planning Steps Before November 30, 2026
Investors, regional centers, and related businesses should take the following steps:
- Identify every planned EB-5 filing. Determine whether the filing involves Form I-526, Form I-526E, Form I-829, Form I-956, Form I-956F, Form I-956G, Form I-956H, Form I-956K, or Form I-527.
- Confirm the applicable postmark date. A filing submitted on or after November 30 must include the new fee.
- Review project and source-of-funds documentation. Fee savings do not justify submitting an incomplete or unsupported petition.
- Confirm the separate Integrity Fund payment. An initial Form I-526E generally requires both the petition fee and the separate $1,100 Integrity Fund fee.
- Update regional center budgets. Account for the new I-956, I-956F, annual statement, promoter, and Integrity Fund fees.
- Calendar annual payment deadlines. Missing the October 31, November 30, or December 30 deadlines can trigger escalating penalties or termination.
- Verify the USCIS fee schedule immediately before filing. USCIS filing fees can change, and an incorrect fee can result in rejection.
- Obtain legal review of filing timing. A business immigration attorney can evaluate whether a filing is sufficiently complete to submit before the effective date.
A filing submitted before November 30, 2026, may avoid a substantial portion of the increased cost. However, a rushed filing that is rejected for an incorrect fee, missing signature, incomplete form, or defective supporting evidence may not achieve that result.
Consult Blasingame Law LLC About EB-5 Fees 2026
The new EB-5 fees affect investors pursuing an EB-5 visa, regional centers managing projects, and employers or business entities relying on EB-5 capital and job creation. The timing of a filing can materially affect government costs, project budgets, and compliance planning.
Blasingame Law LLC provides personalized guidance in business immigration and complex U.S. immigration matters. With more than 30 years of experience, the firm assists businesses, investors, and families with strategic immigration planning and regulatory compliance.
Schedule a consultation with Blasingame Law LLC or contact the firm directly.
EB-5 investors and regional centers should consult a business immigration attorney or experienced immigration lawyer about filing timing before November 30, 2026.
Federal rule: USCIS Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule
USCIS update: USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures
USCIS fee schedule: Form G-1055, Fee Schedule
