United States | USCIS finalizes EB-5 fee rule effective Nov. 30

Today, the Department of Homeland Security (DHS) issued a final rule adjusting fees for the EB-5 Immigrant Investor Program and codifying several provisions of the EB-5 Reform and Integrity Act of 2022.

Key takeaways:

Rule intended to recover program costs. According to the U.S. Citizenship and Immigration Services announcement, the fee rule is intended “to ensure EB-5 fees fully recover the cost of operating the program, meet statutory processing time goals and support integrity measures such as audits and site visits.”

Changes from the proposed rule. Changes from the initial proposed rule, published in October 2025, include certain changes in existing fees, revisions to the Immigration Examination Fees Account fee structure, updates to the EB-5 Fee Study and EB-5 Technology Fee and modifications to the inflation adjustment methodology for the EB-5 Integrity Fund Fee. Notable changes include:

• Form I-526 Standalone Investor Petition fee increases from $3,675 to $7,615.
• Form I-526E Regional Center Investor Petition fee increases from $3,675 to $7,850 for initial filings.
• Form I-829 Petition to Remove Conditions fee increases from $3,750 to $5,000.
• Form I-956 Regional Center Designation fee increases from $17,795 to $44,115 for initial filings.
• Form I-956F Application for Approval of Investment in a Commercial Enterprise fee increases from $17,795 to $42,675.
• Form I-956G Regional Center Annual Statement fee decreases from $3,035 to $2,165.

Rule effective Nov. 30, 2026. The final rule is effective Nov. 30, 2026, and requires that “[a]ny application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule.”

Additional information: The rule completes the final stage of the notice of proposed rulemaking that DHS published in October 2025. BAL will continue to monitor developments related to the EB-5 program and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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