October 31, 2026 | IEU News
Status: Final rule — scheduled to take effect November 30, 2026
The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has finalized significant changes to the fees associated with the EB-5 Immigrant Investor Program.
Published in the Federal Register on September 30, 2026, the final rule establishes new filing fees for investors, regional centers, and other participants in the EB-5 program.
The new fee schedule is scheduled to take effect November 30, 2026. Covered applications, petitions, and requests postmarked on or after that date must include the applicable new fees.
For Indian nationals considering an investment-based route to U.S. permanent residence, understanding these changes is especially important when budgeting for an EB-5 investment.
What Is the EB-5 Immigrant Investor Program?
The EB-5 program allows eligible foreign nationals to pursue U.S. permanent residence through investments in qualifying American businesses that create jobs.
Under the EB-5 Reform and Integrity Act of 2022, the general minimum investment amounts are:
- $800,000 for qualifying investments in targeted employment areas or infrastructure projects.
- $1,050,000 for other qualifying investments.
The program generally requires creation of at least 10 qualifying full-time jobs.
Investors may participate through approved regional centers or certain standalone investment arrangements.
The September 2026 final rule primarily concerns government fees and related administrative procedures. It does not itself change these investment thresholds.
What Is Changing?
DHS is revising its fee schedule following an EB-5-specific cost study required under the EB-5 Reform and Integrity Act.
According to DHS, the updated fees are designed to help recover program administration costs, support processing-time goals, and fund program integrity activities.
Across existing EB-5 forms, the agency estimates a weighted-average filing-fee increase of approximately 70.7%.
However, not every fee increases. Some fees decrease, while certain forms that previously carried no filing fee will now have one.
New EB-5 Filing Fees: Current vs. November 30, 2026
The following amounts reflect USCIS’s final fee comparison. Current fees are those reinstated after a November 2025 federal court decision.
| USCIS Form | Current Fee | New Fee | Change |
|---|---|---|---|
| I-526 — Standalone investor petition | $3,675 | $7,615 | +107% |
| I-526E — Regional center investor, initial petition | $3,675 | $7,850 | +114% |
| I-526E — Amendment | $3,675 | $7,775 | +112% |
| I-527 — Amendment to legacy I-526 | $0 | $10,330 | New fee |
| I-829 — Removal of conditions | $3,750 | $5,000 | +33% |
| I-956 — Regional center designation, initial | $17,795 | $44,115 | +148% |
| I-956 — Regional center amendment | $17,795 | $9,835 | −45% |
| I-956F — Investment project approval | $17,795 | $42,675 | +140% |
| I-956G — Regional center annual statement | $3,035 | $2,165 | −29% |
| I-956H — Bona fides of persons involved | $0 | $65 | New fee |
| I-956K — Registration for promoters | $0 | $2,165 | New fee |
These amounts reflect the government’s published fee schedule, excluding separately applicable Integrity Fund charges.
Important: The $75 technology fee is already included
The final rule establishes a $75 EB-5 technology fee for Form I-526 and initial Form I-526E filings.
The $7,615 and $7,850 amounts in the table already include this $75 charge.
Investors should not add another $75 to those quoted filing fees.
The technology fee is not applied to Form I-526E amendments under the final rule.
A Separate $1,100 Integrity Fund Fee for Regional Center Investors
One important additional cost is the EB-5 Integrity Fund fee.
The final rule increases the separate Integrity Fund charge associated with covered regional center investor petitions from $1,000 to $1,100.
For a new regional center investor filing Form I-526E after the rule becomes effective, the combined applicable government charges would therefore be:
| Charge | Amount |
|---|---|
| I-526E initial petition, including technology fee | $7,850 |
| Separate EB-5 Integrity Fund fee | $1,100 |
| Combined amount | $8,950 |
This does not include legal fees, regional center administrative charges, investment capital, or other immigration-related expenses.
Investors should check USCIS’s current Form G-1055 fee schedule and filing instructions before submitting their petition.
Annual Integrity Fund Fees for Regional Centers
The rule also increases annual fees payable by designated regional centers by 10%, based on inflation adjustments covering 2022 through 2025.
| Regional center size | Previous annual fee | Revised annual fee |
|---|---|---|
| 20 or fewer qualifying investors | $10,000 | $11,000 |
| More than 20 qualifying investors | $20,000 | $22,000 |
Regional centers have a statutory annual fee due date of October 1.
Because the final regulation takes effect on November 30, 2026, regional centers should verify USCIS’s implementation instructions concerning the applicable annual payment cycle rather than assume the increased annual charge was due on October 1, 2026.
These fees support compliance monitoring, audits, fraud investigations, and other program-integrity activities.
What Is the New Form I-527?
The rule introduces a new filing fee of $10,330 for Form I-527, Amendment to Legacy Form I-526.
This form concerns certain investors who filed their original Form I-526 before enactment of the EB-5 Reform and Integrity Act of 2022.
In qualifying situations involving regional center termination or debarment of a new commercial enterprise or job-creating entity, an eligible investor may seek to amend the prior petition to preserve eligibility.
The availability of this process depends on statutory conditions and applicable deadlines.
This fee is distinct from an initial EB-5 investor petition fee.
Why Were Some EB-5 Fees Lowered in November 2025?
The history of EB-5 filing fees is particularly important when comparing the latest amounts.
A broader USCIS fee regulation implemented in April 2024 substantially increased EB-5 filing fees.
However, on November 12, 2025, a federal district court issued a decision in Moody v. Noem staying certain EB-5-related fees from that earlier regulation.
Following the decision, USCIS reverted to accepting the fee amounts that had been in effect before April 2024.
The September 2026 EB-5 final rule establishes a new fee schedule using an EB-5-specific fee study and the agency’s interpretation of its authority under the 2022 reform legislation.
The new rule should not be described as overturning the earlier court decision. Instead, it represents a separate regulatory action establishing new fees.
Future litigation or government action could affect implementation.
Will These Higher Fees Mean Faster EB-5 Processing?
Not necessarily.
USCIS says the revised fees are intended to fund the resources necessary to administer the program and work toward statutory processing-time goals.
However, the final rule does not guarantee that individual petitions will be approved or adjudicated within a specific period.
Actual processing times may depend on application volumes, staffing, case complexity, eligibility reviews, and other operational factors.
Investors should not interpret a higher filing fee as a guarantee of faster adjudication.
What Does This Mean for Indian Investors?
The final rule applies to eligible EB-5 applicants regardless of nationality, including Indian nationals.
For someone considering the EB-5 program, the new fee schedule adds another consideration to the overall cost of obtaining permanent residence through investment.
For example, a qualifying regional center investor may need to account for:
- The required EB-5 investment capital.
- The initial USCIS petition fee and separate Integrity Fund charge.
- Regional center administrative fees, where applicable.
- Immigration legal expenses.
- Future filing expenses, including Form I-829 when applicable.
Some costs may arise at different stages of the immigration process.
Investors should also understand that EB-5 investments carry financial risk, and immigration approval is not guaranteed merely because an investment or filing fee has been paid.
What Has Not Changed?
The final fee rule does not itself change the EB-5 program’s minimum investment thresholds or core job-creation requirement.
It does not automatically cancel existing petitions, revoke an investor’s immigration status, or guarantee any immigration benefit.
The rule also does not complete every regulatory change contemplated by the EB-5 Reform and Integrity Act.
Additional EB-5 rulemaking concerning program integrity and eligibility is being addressed separately.
What Should Prospective Investors Do Now?
Prospective investors and existing EB-5 participants should review their anticipated filing timelines and confirm which fee schedule applies.
For filings expected around the November 30, 2026 effective date, the postmark date and applicable USCIS filing instructions are particularly important.
Investors should consider obtaining advice from qualified immigration counsel, especially where an existing petition, regional center issue, legacy filing, or pending deadline could affect available options.
Regional centers and other program participants should also review the revised fee schedule, relevant annual payment obligations, and applicable compliance requirements.
Bottom Line
USCIS has finalized substantial EB-5 fee changes scheduled to take effect November 30, 2026.
For a new regional center investor, the initial I-526E filing fee will increase to $7,850, with a separate $1,100 Integrity Fund charge, for a combined $8,950 in applicable government charges.
Other filing fees are also changing, with some rising substantially, some decreasing, and certain previously free filings receiving new fees.
Indian nationals considering the EB-5 program should review these changes as part of their overall immigration and investment planning.
Official Sources
U.S. Federal Register — EB-5 Fee Final Rule, September 30, 2026
Government Publishing Office — Official Final Rule
USCIS — Form G-1055 Fee Schedule
This article provides general immigration information, not individualized legal, financial, or investment advice. Filing fees, court orders, and agency procedures may change. Confirm current USCIS requirements before making an immigration filing or investment decision.