DHS published its final EB-5 fee rule in the Federal Register on September 30, 2026. The new fees take effect on November 30, 2026. Any EB-5 petition or application postmarked on or after that date must include them.
For a regional center investor, the Form I-526E fee goes from $3,675 to $7,850. Form I-829 rises to $5,000. A new form, Form I-527, carries a $10,330 fee.
At a glance
- Initial I-526 and I-526E fees more than double. Both now include a $75 EB-5 technology fee.
- Form I-829 rises from $3,750 to $5,000.
- Regional center designation (I-956) and project (I-956F) fees rise sharply. Two regional center fees go down.
- New Form I-527 lets certain pre-2022 investors amend a pending petition and keep their priority date.
- EB-5 Integrity Fund fees rise 10%, and fixed late-payment penalties are now written into the regulations.
Investor petition fees
| Form | Old fee | New fee | Change |
|---|---|---|---|
| I-526 (standalone investor) | $3,675 | $7,615 | +107% |
| I-526E (regional center investor, initial) | $3,675 | $7,850 | +114% |
| I-526E amendment | $3,675 | $7,775 | +112% |
| I-829 (removal of conditions) | $3,750 | $5,000 | +33% |
The $75 technology fee applies to Form I-526 and to initial I-526E filings, and it is already included in the amounts above. I-526E amendments do not carry it, which is why the amendment fee is $75 lower.
Regional center investors also pay the Integrity Fund fee with each I-526E. That fee rises from $1,000 to $1,100. The total government cost of a new I-526E filing therefore goes from $4,675 to $8,950.
Regional center fees: most up, two down
| Form | Old fee | New fee | Change |
|---|---|---|---|
| I-956 initial designation | $17,795 | $44,115 | +148% |
| I-956 amendment | $17,795 | $9,835 | -45% |
| I-956F project application | $17,795 | $42,675 | +140% |
| I-956G annual statement | $3,035 | $2,165 | -29% |
| I-956H bona fides | $0 | $65 | new |
| I-956K promoter registration | $0 | $2,165 | new |
The drop in the amendment fee has a specific cause. USCIS pays for regional center terminations and reaffirmations through EB-5 filing fees. After commenters argued that routine administrative amendments should not carry that cost, DHS moved it entirely onto initial I-956 and I-956F filings.
How the final rule compares with earlier fee schedules
The new fees look like a steep increase because they are measured against the pre-2024 fees that came back after the court ruling. Measured against the 2024 schedule, every major EB-5 fee actually went down:
| Form | 2024 schedule | October 2025 proposal | Final rule |
|---|---|---|---|
| I-526 / I-526E (initial) | $11,160 | $9,625 | $7,615 / $7,850 |
| I-829 | $9,525 | $7,860 | $5,000 |
| I-956 (initial) | $47,695 | $28,895 | $44,115 |
| I-956F | $47,695 | $29,935 | $42,675 |
| I-527 | — | $8,000 | $10,330 |
Investors come out ahead on both comparisons. The final I-526E fee is $3,310 below the 2024 fee and $1,775 below the proposal. The final I-829 fee is $4,525 below 2024 and $2,860 below the proposal.
Regional centers see a different picture. Their I-956 and I-956F fees are still below the 2024 levels, but each landed more than $12,000 above what DHS proposed. Form I-527 also ended up $2,330 higher than proposed.
DHS rebuilt its fee study with fiscal year 2026–2027 data before finalizing the rule. Projected annual EB-5 receipts rose from about 11,262 to 16,604. EB-5 program costs are now estimated at about $105 million a year, against $56.6 million in revenue under the current fees. The new schedule is designed to close that gap of roughly $48.4 million.
Form I-527: a new option for legacy investors
Form I-527, Amendment to Legacy Form I-526, is for investors who filed before the EB-5 Reform and Integrity Act of 2022. It lets them amend a pending petition to preserve eligibility in two situations:
- their regional center is terminated, or
- the new commercial enterprise or job-creating entity is debarred.
The filing fee is $10,330. USCIS will not treat an I-527 as a new petition, so the investor keeps the original priority date. Not every affected investor needs the form. An investor whose project is complete or on track, with enough jobs created and capital sustained, may remain eligible without filing an I-527.
Integrity Fund fees and late-payment penalties
The Integrity Fund fees rise 10%, matching consumer price inflation from 2022 to 2025:
| Fee | Old | New |
|---|---|---|
| Per-investor fee (paid with I-526E) | $1,000 | $1,100 |
| Regional center, 20 or fewer investors | $10,000 | $11,000 |
| Regional center, more than 20 investors | $20,000 | $22,000 |
The annual regional center payment is due October 1. A payment made by October 31 carries no penalty. After that:
- paid November 1–30: 10% penalty
- paid December 1–30: 20% penalty
- still unpaid after December 30: termination of the regional center’s designation
Termination is not automatic. USCIS first sends a notice of intent to terminate, and the regional center can show that it paid on time. Even so, a regional center that loses its designation affects every investor sponsored through it.
Dependents filing Form I-829 separately
A spouse or child who is not included on the principal investor’s I-829, or whose principal investor has died, must file a separate I-829. The deadline does not move to match the dependent’s own situation. It stays tied to the principal investor’s 90-day filing window, and USCIS accepts a late petition only for good cause and extenuating circumstances. Families dealing with a divorce or a death during conditional residence should track that window closely.
Why USCIS says the increase is necessary
DHS estimates the rule will affect about 16,600 EB-5 filings a year. It expects fees on existing EB-5 forms to rise by about 70.7% on a weighted average, or roughly $2,946 per filing. The revenue is meant to fund adjudications, fraud detection, compliance reviews, audits, and site visits, and to support the processing time goals set in the 2022 Reform Act.
Background
USCIS raised EB-5 fees effective April 1, 2024. On November 12, 2025, the U.S. District Court for the District of Colorado stayed those fees in Moody v. Noem. The court held that the 2022 Reform Act required an EB-5-specific fee study before the fees could be changed. USCIS went back to the pre-2024 fees that same day, and those are the “old fees” in the tables above. The new rule is based on the fee study the court found missing.
What investors and regional centers should do now
- Check the postmark date, not the filing date. An I-526E postmarked before November 30, 2026 pays $3,675. The same petition postmarked on or after that date pays $7,850.
- Do not rush an incomplete petition. A petition sent early with weak source-of-funds evidence can cost more in delays and requests for evidence than the fee difference.
- I-829 filers: if your 90-day filing window opens before November 30, filing early saves $1,250.
- Regional centers: confirm your October 1 Integrity Fund payment, and budget for the new I-956 and I-956F fees before filing new project applications.
If you are planning an EB-5 investment or have a petition pending, our EB-5 investor green card attorneys can review your timeline and help you decide whether filing before November 30 makes sense. You can also see the full range of business immigration services we offer investors and employers.
Source: Department of Homeland Security, “U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule,” 91 FR 61940 (September 30, 2026), Federal Register document 2026-20016.
This article is for general information and is not legal advice for any specific case.
