The Department of Homeland Security has published its final EB-5 fee rule, increasing the cost of filings by immigrant investors, regional centers, project sponsors, and promoters. The rule was published in the Federal Register on Sept. 30, 2026, following public inspection, and takes effect Nov. 30, 2026. Applications and petitions postmarked on or after that date must include the new fees. The final rule responds to comments on DHS’s Oct. 23, 2025, proposal, updates the agency’s EB-5-specific cost study, and implements provisions of the EB-5 Reform and Integrity Act of 2022 (RIA).
U.S. Citizenship and Immigration Services (USCIS) said the revised fees are intended to recover the full cost of operating the EB-5 program, help meet statutory processing-time goals, and support integrity measures such as audits and site visits.
Key Takeaways for EB-5 Stakeholders
- Filing fees: Initial Form I-956 regional center designation and Form I-956F project application fees rise sharply, while the I-956 amendment and I-956G annual statement fees decline.
- Legacy investors: A new $10,330 Form I-527 offers certain pre-RIA investors a pathway to preserve eligibility following regional center termination or debarment of a new commercial enterprise or job-creating entity.
- Technology fee: A $75 charge is included in the new Form I-526 and initial Form I-526E filing fees.
- Integrity Fund: Annual regional center fees rise to $11,000 or $22,000, depending on investor count; higher investor fees and late-payment penalties also apply.
- Program impact: USCIS anticipates roughly 16,600 EB-5 filings annually and an approximately 70.7% weighted-average fee increase across existing forms, or about $2,946 more per filing. It estimates annual program costs of about $105 million against $56.6 million in revenue at current fees, a gap of approximately $48.4 million.
- Planning ahead: Stakeholders with complete, eligible filings should consider the Nov. 30 effective date. Regional centers will face revised annual fees, possible penalties, and higher initial designation and project-application costs.
EB-5 Fee Comparison
The chart below compares the fees USCIS was collecting before the final rule with the new fees. The $75 technology fee is already included in the final I-526 and initial I-526E amounts. Integrity Fund fees, shown separately, are additional charges where applicable and are not included in the form fees.
| Filing or charge | Current fee | New fee effective Nov. 30, 2026 |
| Form I-526, standalone investor petition | $3,675 | $7,615 |
| Form I-526E, regional center investor petition — initial | $3,675 | $7,850 |
| Form I-526E — amendment | $3,675 | $7,775 |
| Form I-527, amendment to legacy Form I-526 | Not previously available | $10,330 |
| Form I-829, petition to remove conditions | $3,750 | $5,000 |
| Form I-956, initial regional center designation | $17,795 | $44,115 |
| Form I-956, regional center amendment | $17,795 | $9,835 |
| Form I-956F, project application or amendment | $17,795 | $42,675 |
| Form I-956G, annual statement, amendment, or supplement | $3,035 | $2,165 |
| Form I-956H, bona fides of persons involved | $0 | $65 |
| Form I-956K, promoter registration | $0 | $2,165 |
| Investor Integrity Fund fee for Form I-526E | $1,000 | $1,100 |
| Regional center annual Integrity Fund fee — 20 or fewer investors | $10,000 | $11,000 |
| Regional center annual Integrity Fund fee — more than 20 investors | $20,000 | $22,000 |
Source: DHS, “U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule,” 91 Fed. Reg. 61940, Table 1 (Sept. 30, 2026). “Current” reflects the fees USCIS reinstated following a November 2025 court order, not the amounts in the October 2025 proposed rule.
Where Costs Rise — and Fall
The largest dollar increases fall on regional center and project filings: the initial I-956 fee rises by $26,320 (about 148%) and the I-956F fee rises by $24,880 (about 140%). Not every charge rises, however. The I-956 amendment falls by $7,960, and the I-956G fee falls by $870 (about 29%). For a new regional center investor petition, the listed $7,850 I-526E fee and separate $1,100 investor Integrity Fund fee bring the combined filing charges to $8,950, compared with $4,675 under the current fees.
A New Pathway for Certain Legacy Investors: Form I-527
The rule establishes Form I-527, Amendment to Legacy Form I-526, for qualifying investors who filed before the RIA and seek to preserve eligibility after termination of a regional center or debarment of a new commercial enterprise or job-creating entity. USCIS says it will not treat an I-527 as a new immigrant petition and will retain the original priority date. Eligibility is fact-specific; the new form does not automatically cure every consequence of a termination or debarment. USCIS also explains that some pre-RIA investors may remain eligible without associating with another regional center if their project, job-creation and sustainment facts support that result.
Technology and Integrity Fund Provisions
A $75 fee for EB-5 technology
DHS has set a $75 EB-5 technology fee for Form I-526 and initial Form I-526E filings. It is included in the amounts in the chart, and does not apply to an I-526E amendment. The agency says the revenue will support improvements to systems used to process, adjudicate, and archive EB-5 filings.
Higher Integrity Fund Fees and Late-Payment Penalties
The rule increases investor and regional center Integrity Fund charges by approximately 10% based on CPI inflation from 2022 to 2025. The investor fee rises from $1,000 to $1,100, and the annual regional center fee rises from $10,000 to $11,000 for centers with 20 or fewer investors and from $20,000 to $22,000 for centers with more than 20 investors.
Regional centers must submit their annual fee on Oct. 1. Under the rule’s penalty schedule, payment through Oct. 31 avoids a late penalty; payment from November 1 through Nov. 30 incurs a 10% penalty, and payment from Dec. 1 through Dec. 30 incurs a 20% penalty. If the fee and any applicable penalty remain unpaid after Dec. 30, USCIS will terminate the regional center designation, after issuing a notice of intent to terminate and allowing an opportunity to show timely payment. A termination is appealable. The applicable investor-count tier and payment date determine the fee and any late penalty.
Implementation Considerations for Stakeholders
Processing-Time Goals Are Not Guarantees
The RIA directs USCIS to set fees with statutory processing-time goals in mind, including 180 days for regional center and project applications, 90 days for certain targeted-employment-area project applications, 240 days for regional center investor petitions and I-829 petitions, and 120 days for certain targeted-employment-area investor petitions. DHS did not convert these goals into guaranteed adjudication deadlines in this rule. These goals inform DHS’s fee study, but the rule does not promise an individual case will be decided within those time frames.
Filing and Budgeting
The Nov. 30 effective date may affect filing timing for investors and project stakeholders with ready-to-file submissions, although completeness and eligibility requirements remain relevant. Regional centers may wish to update budgets for initial designations, project filings, and the annual Integrity Fund payment. Because the effective-date rule turns on the postmark, carrier cutoffs and USCIS’s then-current filing instructions may affect filing timing.
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