EB-5 Fees Rise November 30, 2026: New USCIS Fee Schedule

EB-5 Fees Rise November 30, 2026: New USCIS Fee Schedule

USCIS will require the new EB-5 fee schedule for every covered application, petition, or request postmarked on or after November 30, 2026. That covers investors' petitions and regional center filings.

The EB-5 fee increase comes from a Department of Homeland Security final rule. DHS published the rule on September 30, 2026, at 91 FR 61940, Federal Register document 2026-20016. This article gives general legal information. It is not advice for any individual filing. Vasquez Law Firm's immigration attorneys can review how federal filing rules may affect a planned EB-5 submission.

The rule changes fees for EB-5 immigration benefit requests. It also creates a technology fee. In addition, it sets EB-5 Integrity Fund fees and explains what may happen after a late payment. Investors, regional centers, and businesses connected with program investments should confirm the correct fee before mailing. Our nationwide immigration legal team helps clients review federal immigration filings.

Legal disclaimer: This article is general information. EB-5 eligibility, filing strategy, and payment requirements depend on the facts of each matter.

What happened with the EB-5 fee increase?

On September 30, 2026, the Department of Homeland Security published the final U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule. The rule changes 8 CFR parts 106 and 216. It becomes effective November 30, 2026.

“This final rule is effective November 30, 2026. Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule.”

That sentence sets the practical dividing line. A package sent on or after the effective date must include the revised fee required by the final rule. USCIS said the new fees reflect updated budget and workload assumptions.

The EB-5 fee increase followed a separate court development. On November 12, 2025, USCIS returned to earlier EB-5 fees. A federal district court had stayed certain EB-5 fees that took effect April 1, 2024. DHS stated that it followed that decision. DHS also maintained its view that the decision was incorrect.

This final rule uses newer planning assumptions for fiscal years 2026 and 2027. DHS increased projected average annual EB-5 receipts from 11,262 to 16,604. It projected EB-5 program costs of about $105 million. It projected revenue under the then-current fees of about $56.6 million. The difference was roughly $48.4 million.

The agency estimated that the final schedule would affect about 16,600 EB-5 program form filings each year. It estimated a weighted average form-fee increase of about 70.7 percent. That increase equals $2,945.90. The estimate covers investors, regional centers, and other people or businesses involved in promoting program investments.

Who must plan for the EB-5 fee increase?

The EB-5 fee increase applies to people and entities that submit EB-5 immigration benefit requests. The requests must be postmarked on or after November 30, 2026. The final rule describes the affected group as individual investors, regional centers, and other people or businesses involved in promoting program investments.

For an investor, this can include a person seeking permanent residence through an investment in a new commercial enterprise. A regional center is an organization designated to promote economic growth through approved investment activity. For regional center participants, the rule also affects filings tied to regional center designation, investment approval, compliance, and Integrity Fund obligations.

DHS adjusted the EB-5 Integrity Fund fees for inflation. The final rule raises the Form I-526E Integrity Fund fee from $1,000 to $1,100. It raises the regional center fee from $10,000 to $11,000. The fee for certain regional centers rises from $20,000 to $22,000.

The new EB-5 filing fees

The fee schedule the rule adds to 8 CFR 106.2 sets these amounts for filings postmarked on or after November 30, 2026:

Form I-526 and the initial Form I-526E also require an additional $75 USCIS EB-5 Technology Fee.

“These adjustments help ensure sufficient funding for program integrity activities.”

Program integrity has a specific meaning here. The EB-5 Reform and Integrity Act requires measures that include site visits, background checks, and compliance audits. USCIS may investigate a case. It may visit sites. It may also audit supporting evidence. The rule explains that adverse findings may lead to denial, revocation, or termination of status.

In our experience, EB-5 investors first ask whether a prepared filing will reach USCIS under the correct fee schedule. That concern is especially important when a package includes related business records, investment evidence, immigration forms, and a payment. The payment must match the schedule that controls the filing.

The EB-5 fee increase does not replace the basic eligibility review. A filing fee is only one part of a larger immigration case. Investors should separately review the investment, job creation evidence, project structure, and supporting records. The required records depend on the specific benefit request.

What law governs EB-5 fees and investor eligibility?

Congress established the EB-5 program in 1990 to promote U.S. economic growth through job creation and capital investment by immigrant investors.

As background, the statute allocates approximately 10,000 visas each year to qualifying immigrants and dependents. It requires an investment of at least $1,050,000. The required amount is $800,000 in a targeted employment area or infrastructure project. The investment must be in a U.S. business that creates at least 10 full-time jobs.

A targeted employment area is a qualifying area that receives special treatment under the EB-5 rules. A new commercial enterprise is a business that meets the program's requirements for an EB-5 investment. For a new commercial enterprise connected with a designated regional center, up to 90 percent of required job creation may come from indirect jobs.

Those eligibility standards are separate from the EB-5 fee increase. Paying the correct fee does not prove that an investor meets EB-5 visa requirements. USCIS must still review the facts and evidence for the benefit request.

Why USCIS can set EB-5 program fees

The EB-5 Reform and Integrity Act of 2022 authorized DHS to conduct a fee study and set EB-5 program-related fees. Section 106 of that law directs DHS to recover the full cost of running the program. It also directs DHS to seek the statutory processing time goals.

INA section 286(m), 8 U.S.C. § 1356(m), authorizes USCIS to set Immigration Examinations Fee Account fees. These fees recover the full costs of providing immigration and naturalization services. The final rule says the EB-5 schedule is designed to recover EB-5 program costs. It is not designed to recover costs for other programs.

Why the Integrity Fund matters

INA section 203(b)(5)(J), 8 U.S.C. 1153(b)(5)(J), requires collection of EB-5 Integrity Fund fees from regional centers. It also authorizes penalties for late payment or nonpayment.

For a focused discussion of investor petitions and conditional residence, see our EB-5 investor green card information. Conditional residence is temporary permanent-resident status subject to later conditions. Check the USCIS Policy Manual for agency guidance that may affect immigration benefit decisions.

What should an EB-5 filer do before November 30?

Start by identifying every EB-5 application, petition, or request that may be postmarked on or after November 30, 2026. The final rule makes the postmark date the key date for the revised fees. A filing plan should therefore allow time to finish the package and mail it.

Confirm the exact filing package

Match the filing with the current USCIS form instructions and fee schedule. The final rule says that adjusted fees are included in revised Form G-1055, Fee Schedule. That form is included in the rulemaking docket. Confirm the correct form edition, signature requirements, payment method, and supporting evidence before mailing.

Gather copies of the investment records, new commercial enterprise materials, and job creation evidence. Also gather regional center documents where relevant. Include prior USCIS notices and proof of payment. Keep a complete copy of the mailed package. Keep reliable proof of its postmark as well.

Check USCIS Processing Times for the benefit type after USCIS accepts a filing. The final rule explains that agency completion rates measure employee handling time. They do not measure the total time a person waits for a decision.

Review each filing separately. A principal investor and a dependent may have different procedural needs. An investor's petition may also raise issues separate from later conditional-residence steps. Do not assume that a payment accepted for one request applies to another request.

For an individualized review, request a free evaluation with Vasquez Law Firm at our immigration contact page. We offer in-person immigration consultations in Raleigh, NC and Orlando, FL. Se Habla Español.

What should EB-5 participants watch next?

November 30, 2026 is the rule's effective date. The fee schedule applies to covered filings postmarked on that date or later. The rule is clear on the main point. Payment must match the final rule for each covered filing after the effective date.

Participants should check the USCIS fee schedule and form instructions before each mailing. They should also follow the Federal Register for future EB-5 rulemaking. DHS noted a separate proposed rule published July 2, 2026. That proposal concerns implementation of the EB-5 Reform and Integrity Act and automatic revocation of petitions for immigrant classification.

That separate proposal concerns integrity measures and eligibility clarifications. Federal Register document 2026-20016 is limited to EB-5-related fees and funding mechanisms. It is not yet settled whether future EB-5 regulatory changes will alter a particular investor's filing strategy.

The program's current authorization framework runs through September 30, 2027 under the EB-5 Reform and Integrity Act. Investors should keep records organized. They should use official USCIS updates to evaluate any future change before submitting a benefit request.

Frequently Asked Questions

When does the EB-5 fee increase apply?

The final rule is effective November 30, 2026. Any covered EB-5 application, petition, or request postmarked on or after that date must include the fees established by the rule. The postmark date matters under the rule's text, so filers should verify payment and mailing records before sending a package.

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

No change to the investment threshold appears in the fee rule. As statutory background, EB-5 eligibility requires at least $1,050,000, or $800,000 for a targeted employment area or infrastructure project, plus the required job creation. The final rule changes fees and related funding mechanisms, not those investment thresholds.

What is the EB-5 Integrity Fund fee change?

The final rule applies a 10 percent inflation adjustment using Consumer Price Index data from 2022 through 2025. The Form I-526E Integrity Fund fee rises to $1,100. The regional center fee rises to $11,000, and the fee for certain regional centers rises to $22,000.

Why did USCIS issue an EB-5 fee increase?

DHS said the rule is intended to ensure adequate funding for program administration, enhance integrity measures, and comply with statutory requirements. Its revised study projected EB-5 costs of about $105 million and revenue of about $56.6 million under the earlier fee structure. The final schedule is intended to close that projected gap.

Does paying the EB-5 fee guarantee a green card?

No. The correct fee is required, but approval depends on the evidence. EB-5 cases require evidence tied to the investment, business, job creation, and other legal criteria. USCIS may conduct site visits, background checks, and compliance audits.

Where can I check EB-5 processing time information?

USCIS publishes processing time information through its online processing-times tool. The final rule cautions that its completion-rate estimates measure employee handling time, not the full period a person may wait after USCIS accepts a case. Review the relevant form category and keep the receipt notice available for case tracking.

Sources

• U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, 91 FR 61940
• USCIS Processing Times
• USCIS Policy Manual

Legal disclaimer: Immigration outcomes depend on individual facts, evidence, and applicable law. Contact Vasquez Law Firm for a free evaluation of your EB-5 filing plan at our contact page.