(UNITED STATES) The White House has cleared a new fee rule for the EB-5 program, delivering long-awaited OMB approval and setting the stage for higher filing costs for foreign investors seeking U.S. permanent residence through the Investor Visa route. With the Office of Management and Budget completing its final review, the regulation’s publication in the Federal Register is the only remaining step before enforcement begins.
According to the administration’s timetable, parts of the fee update have already rolled out, while the broader EB-5 fee schedule is slated to take effect on July 22, 2025, with strict enforcement beginning August 21, 2025. The development signals a major shift in the cost structure for EB-5 filings and is expected to prompt strategic decisions by investors, regional centers, and attorneys over the coming months.
What EB-5 is and the current investment thresholds
The EB-5 program offers a direct path to a green card for investors who meet specific thresholds and job creation rules. Created by Congress in 1990, the category ties immigration benefits to real investment that is meant to create or preserve U.S. jobs.
Key current thresholds and requirements:
– $800,000 minimum investment in a Targeted Employment Area (TEA) (high-unemployment or rural zones).
– $1,050,000 minimum investment in other areas.
– Each qualifying investment must create or maintain at least 10 full-time jobs for U.S. workers.
– Many applicants invest through regional centers, which pool capital and often document indirect/induced job creation using recognized economic models.
Current filing costs and the expected change
Under the current schedule:
– The immigrant petition for an investor uses Form I-526 with a filing fee of $11,160.
– Total EB-5 petition costs (including ancillary fees) typically range between $21,130 and $22,225, depending on filing location and case needs.
The new rule—finalized through OMB approval—will raise these fees to meet federal cost-recovery requirements. The full official fee table has not yet been publicly posted, but the administration’s timeline indicates a staggered rollout, with some changes effective in 2024 and broader enforcement in mid- and late-2025.
Legal and policy background
Officials point to the EB-5 Reform and Integrity Act of 2022 as the basis for:
– Requiring updated fees.
– Strengthening oversight of regional centers.
– Safeguarding investor funds.
– More frequent reviews of adjudication-related fees.
The Department of Homeland Security completed a fee study to align processing charges with actual workload for investor petitions. The forthcoming regulation is expected to support full cost recovery and predictable processing targets. For investors, the headline is straightforward: filing prices are going up, and timing determines which fee schedule applies.
Timing and transition concerns
Applicants already in the pipeline face important timing questions:
– Filings postmarked before the new effective date may fall under the current, lower fee regime.
– Filings on or after July 22, 2025 should expect higher fees.
– Enforcement begins August 21, 2025; cases arriving with incorrect fees after that date can be rejected.
Transition (“grandfathering”) rules will be key for those submitting in the next year. Until the Federal Register notice appears, uncertainty remains about protections for pending applicants. Many law firms advise clients to:
1. Assemble documents now to move quickly if an earlier window remains open.
2. File strategically once the new schedule is active.
Why EB-5 demand may persist
EB-5 remains attractive because it provides a direct route to permanent residence without a U.S. relative or employer sponsor, provided investment and job documentation meet requirements. After becoming a permanent resident, investors can later pursue naturalization under usual timelines and eligibility rules.
Compared with other employment-based visas, EB-5 mixes investment and immigration objectives, which helps explain steady demand—even if fees rise. Many investors see EB-5 as a predictable path to settle in the United States.
Note: Cost increases matter most for smaller investors and can meaningfully affect total up-front expenses.
Financial planning and practical effects on investors
Higher fees will add to out-of-pocket startup costs. Investors typically budget for:
– Government filing fees.
– Legal fees.
– Administrative costs.
– Due diligence on EB-5 projects.
A higher filing fee can:
– Change overall budget and timing.
– Cause some families to delay filing to gather funds.
– Prompt others to file quickly if a short window exists to use the current fee structure.
Because the official fee table is not public yet, families should build extra margin into budgets and consult advisors on the best path forward.
Important dates to track
- Some related fee changes began April 1, 2024.
- July 22, 2025 — effective date for the updated EB-5 schedule.
- August 21, 2025 — start of strict enforcement across affected filings.
These dates matter for multi-step submissions that coordinate petition timing, dependent applications, consular processing, or adjustment of status.
Typical EB-5 filing sequence and documentation
The EB-5 sequence usually begins with the immigrant petition, presenting:
– The project.
– Lawful source of funds.
– Job creation model.
The historically used form is Form I-526 (Immigrant Petition by Standalone Investor). USCIS also recognizes related petitions for regional center investors.
Key documentation often includes:
– Tax returns, business records, bank transfers, sale agreements (to prove lawful source of funds).
– Economic impact reports (for regional center projects).
– Payroll records and business plans (for direct investments).
All of these increase preparation time and costs—hence why fee changes affect filing timing decisions.
Program scale, benefits, and criticisms
Since the 2022 reauthorization, EB-5 has brought in more than $4 billion into U.S. developments (commercial real estate, infrastructure, operating businesses). Supporters argue the program:
– Links global capital to local jobs.
– Helps rural and high-unemployment areas.
– Could benefit from fee-supported adjudication resources that shorten decision times.
Critics stress concerns about:
– Project transparency.
– Use of funds.
– Whether job targets are consistently met.
For critics, fee increases are acceptable only if paired with stronger integrity checks and clear reporting, measures emphasized in the 2022 reform law.
Four practical points for timing decisions
- Expect higher administrative costs and plan for an increased filing budget.
- Until publication, uncertainty remains about exact amounts and transitional protections.
- Overall demand may remain firm because EB-5 fills a unique need for those without family or employer sponsorship.
- Strategic timing is central: prepare documents early, confirm which fee schedule applies, and aim to submit either before the new fees take hold or soon after publication.
VisaVerge.com reports investors and regional centers are already adjusting timelines and building internal checklists to verify correct fee payments and form editions at filing.
TEA designations and project selection
Current rules assign TEA determinations to federal authorities using set metrics rather than state-level designations, aiming for consistency in TEA qualification for the lower $800,000 threshold.
If the fee rule proceeds, project sponsors may update offering documents and cost breakdowns (including government fees). Even a $5,000–$10,000 increase in filing costs can be meaningful when combined with administrative fees, syndication charges, and escrow requirements. Clear disclosure will help investors avoid budget surprises.
Regional centers and law firm preparations
Regional centers must:
– Ensure investor packages have correct payments/receipts.
– Use the right form edition for each filing.
– Warn investors about enforcement dates and potential rejections after August 21, 2025.
Centers may set internal cutoffs to file cases ahead of external deadlines and add buffers for courier or payment delays. Law firms supporting investors will likely do the same.
Visa caps, backlogs, and downstream effects
EB-5 remains subject to annual visa limits and per-country caps. Fee changes do not alter statutory limits, but shifts in filing patterns could influence visa bulletin movement and priority dates.
Investors from high-demand countries may file sooner to secure a priority date. Others might wait for clarity after publication. Monitoring the monthly visa bulletin and planning for consular or adjustment steps is recommended.
Official resources and next steps
Investors should rely on primary sources:
– USCIS EB-5 program page
For filing instructions and fee information, consult the official Form I-526 page once the new schedule posts:
– Form I-526 (Immigrant Petition by Standalone Investor): USCIS official form page
Immigration attorneys and experienced regional centers will issue client alerts when the Federal Register notice appears, breaking down changes and advising on immediate actions.
Processing implications and expectations
The fee increase is meant to fund adjudication resources. If additional revenue improves staffing and training, processing predictability could improve—beneficial for investors and U.S. projects that depend on timely capital flows.
However, the real test will be whether processing times improve over the next 12–24 months and whether requests for evidence are managed consistently.
Action checklist for families preparing to file
- Review and finalize source-of-funds documentation; complete translations and notarizations.
- Confirm job creation models and ensure offering documents reflect current government fees.
- Verify the form edition date and be ready to pay the correct fee based on effective dates.
- If filing before the new schedule, set internal deadlines based on expected publication.
- If filing after the new schedule, confirm whether your project will hold your investment commitment while you finalize the petition under updated costs.
- Build a buffer into your budget for downstream fees (consular processing or adjustment of status).
Compliance and recordkeeping
Maintain complete records of:
– All transfers.
– Subscription agreements.
– Project updates.
Stronger integrity checks expected under the 2022 law may require more detailed documentation. Organized files will save time if USCIS requests follow-up information and will be important when removing conditions on permanent residence.
Final takeaway
The White House has approved the EB-5 fee regulation after OMB review; publication in the Federal Register is the final step to confirm the new schedule and enforcement plan. Investors should:
- Track the official notice.
- Confirm which fee schedule applies on their filing date.
- Align filings with the applicable rule to avoid rejections.
Because EB-5 remains an attractive pathway despite higher fees, demand is likely to continue. Early planning will help families avoid last-minute rushes and act quickly once the Federal Register notice provides final clarity on amounts, transitional protections, and related process changes.
Links:
– Form I-526 (Immigrant Petition by Standalone Investor): USCIS official form page
Frequently Asked Questions
This Article in a Nutshell
The White House and OMB have approved a new fee regulation for the EB-5 immigrant investor program; publication in the Federal Register remains the final procedural step. The updated fee schedule becomes effective July 22, 2025, with strict enforcement beginning August 21, 2025. EB-5 still requires $800,000 investments for TEAs or $1,050,000 elsewhere and the creation or preservation of at least 10 full-time U.S. jobs. The change responds to the EB-5 Reform and Integrity Act of 2022 and a DHS fee study to align charges with processing costs. Investors, regional centers, and attorneys should prepare documentation, monitor official notices, and plan filing timing carefully to avoid higher fees or rejections. While fee increases raise up-front expenses, demand may persist because EB-5 uniquely links capital investment to permanent residency. Key dates to track are April 1, 2024 (some changes already), July 22, 2025 (effective date), and August 21, 2025 (enforcement starts). Until the Federal Register posts the official fee table, uncertainty remains about exact amounts and transitional protections.
