EB-5 Filing Fees Set to Jump Significantly Under 2025 Rule

The U.S. Department of Homeland Security (DHS) is set to publish a proposed rule this week that would sharply raise EB-5 filing fees, moving away from recent chatter about a discount and toward a sweeping increase. The rule, tied to the EB-5 Reform and Integrity Act of 2022 (RIA), completed White House review on September 25, 2025, and is scheduled for publication in the Federal Register on October 23, 2025. While some blogs have floated a 14% “discount,” there is no official notice supporting a cut. Instead, the plan points to higher fees across almost every EB-5 form, with DHS and U.S. Citizenship and Immigration Services (USCIS) saying the changes are needed to cover real program costs and help reduce backlogs.

Under the proposal, the fee for the I-526/I-526E immigrant investor petitions would more than triple. The fee for the I-829 petition, used by investors to remove conditions on their permanent residence, would also climb sharply. Regional center filings would see some of the largest jumps. USCIS has long said current fees do not match the cost of adjudicating EB-5 cases, especially under the stricter oversight and reporting rules created by the RIA. The agency argues higher fees are necessary to maintain staff levels at the Immigrant Investor Program Office, keep the program solvent, and avoid raids on other fee-funded services.

Confusion in recent weeks stems from secondary sources repeating an unverified claim that DHS floated a modest fee reduction for EB-5 investors and regional centers. Those posts did not cite an official DHS or USCIS notice, and no filing in the Federal Register backs that claim as of October 22, 2025. In contrast, the public regulatory docket shows DHS advancing a rule (RIN 1615-AC93) that raises fees, not lowers them. For official publication updates, readers can monitor the Federal Register.

Policy changes overview

The proposed EB-5 fee schedule reflects DHS’s move to full cost recovery—a budgeting approach that sets fees to pay for the direct and indirect cost of each service. USCIS has said the current EB-5 revenue base cannot support timely decisions or the extra integrity checks mandated by the RIA. According to analysis by VisaVerge.com, the agency is signaling that EB-5 users—not applicants in other programs—should bear the program’s true price.

Based on the draft plan advanced to publication, core EB-5 forms would see the following changes:

• I-526/I-526E (Immigrant Petition by Alien Investor/Regional Center Investor): from $3,675 to $11,160 (about 204% increase). Forms: I-526 and I-526E.
• I-829 (Petition by Investor to Remove Conditions): from about $3,750–$3,835 to $9,525 (about 148–154% increase). Form: I-829.
• I-956 (Application for Regional Center Designation): from $17,795 to $47,695 (about 168% increase). Form: I-956.
• I-956G (Annual Statement by Regional Center): from $3,035 to $4,470 (about 47% increase). Form: I-956G.

USCIS plans to justify these hikes by pointing to higher staffing costs, new integrity reviews, fraud detection, and the need for steady funding for adjudications. Under the RIA, Congress expects DHS to set fees that ensure timely case handling. Officials have said the current schedule is not enough to meet those goals, and the agency cannot rely on appropriations to fill gaps because USCIS is mostly fee-funded.

Important: the rule will not take effect on the day it appears in the Federal Register. Publication instead opens a public comment window—typically 30 to 60 days—during which stakeholders can submit feedback. Existing EB-5 fees remain in place until DHS publishes a final rule with an effective date.

Impact on applicants and regional centers

For investors, the most immediate question is cost. A jump from roughly $3,675 to $11,160 for the I-526/I-526E could change budgeting for new filings this fall and winter. Families planning to file multiple petitions may need to adjust timelines or capital plans to accommodate higher government fees.

• Smaller investors will feel the impact more strongly given existing investment, legal, and administrative costs.
• Some investors may seek lower-cost projects, change filing timing, or explore other immigration options.

Conditional permanent residents approaching the I-829 stage will face a steeper bill to remove conditions. While the I-829 must be filed by the statutory deadline, investors can mitigate last-minute costs by preparing evidence early. DHS asserts higher fees aim to improve processing speeds; if the agency uses the new revenue to hire and train staff, faster decisions and fewer backlogs could offset the higher fees for some applicants.

Regional centers face the largest near-term burden. The proposed $47,695 fee for the I-956 and the higher annual I-956G ($4,470) raise ongoing operating costs.

• Well-capitalized centers may absorb these increases.
• Smaller or new centers could need to consolidate, pass costs to projects, or limit offerings.
• In markets with harder capital raises, extra fees may discourage EB-5 projects—especially modest-sized developments.

The government’s rationale rests on two promises: better service and stronger program integrity. The RIA’s safeguards—audits, site visits, fund tracking, and stricter oversight—require skilled staff and time. Those steps protect investors and the public, but they increase program costs.

Practical steps applicants and sponsors should consider now:

1. Budget for higher DHS costs in all upcoming EB-5 filings and renewals.
2. Watch publication and comment deadlines closely to time submissions when possible.
3. Prepare evidence early for I-526/I-526E and I-829 filings to avoid delays and extra costs.
4. Regional centers: model multi-year compliance budgets, including the I-956G annual requirement, to avoid cash crunches.

Timeline and next steps

• October 23, 2025: Proposed rule expected to be published in the Federal Register (opens public comment period).
• Public comment window: typically 30–60 days; stakeholders should submit technical questions, cost concerns, and operational feedback during this time.
• Post-comment: DHS will review comments, potentially adjust fee amounts or procedures, and then publish a final rule with a specified effective date—usually weeks or months later to allow system updates.

Until the final rule’s effective date, the current fee schedule remains in force. Investors filing now must use the existing amounts and should check the USCIS form pages before mailing or e-filing because incorrect fees can lead to rejections. Official form pages with current fees and filing instructions: I-526, I-526E, I-829, I-956, I-956G.

Broader consequences and strategic considerations

• The push to increase EB-5 fees follows nearly a decade without a broad USCIS fee hike, a period during which case times lengthened and backlogs grew.
• RIA-mandated compliance checks add time and work to each case; DHS argues the program must fund its own integrity and adjudication capacity.
• Claims of a 14% cut are unsupported in the regulatory record as of October 22, 2025. The record points toward higher fees.

If the final rule follows the proposal, the EB-5 market will need to adapt quickly:

• Price projects to reflect higher government fees.
• Tailor filing strategies to the timing of the final rule.
• Communicate clearly with investors about total costs, including government fees, legal fees, due diligence, and administrative charges.

For many families abroad, EB-5 remains a complex budget exercise. Government fees are one component among the investment amount, administrative fees, due diligence, and legal work. A higher government fee will not decide every case, but it can shift project margins and influence filing timing. Some investors—especially smaller ones—may wait, pool resources, or explore alternative immigration routes.

Employers, universities, and local economies are watching the outcomes as well. EB-5 projects support construction, real estate, and community development; fewer launches could reduce local job creation. DHS is betting that better service funded by higher fees will keep the program viable and attractive. The agency’s credibility will depend on whether faster processing and clearer communication follow the new fee schedule.

As the comment period opens, trade groups, regional centers, and investor coalitions will likely press for measured adjustments, clearer processing targets, and fairer cost-sharing. DHS may refine some amounts or timelines, but the core message—fees must reflect true costs—appears to be set.

Key takeaways:
– Plan for higher EB-5 fees and confirm amounts on USCIS form pages before filing.
– Monitor the Federal Register and official USCIS updates rather than third-party summaries.
– Consider submitting comments during the public comment period if you have technical or cost-related concerns.

Readers who want to track the rule’s progress and public comments should rely on the Federal Register and official USCIS updates rather than third-party summaries. With DHS moving forward on cost recovery, the EB-5 market has entered a new phase where planning around filing fees is as important as project selection and visa backlogs. The coming weeks will reveal whether stakeholder feedback can shape the final numbers—and whether DHS can deliver the faster, steadier service it says these higher fees will fund.