EB-5 Fee Regulation Cleared by White House; OMB Approves New Fees

The updated EB-5 Investor Visa fee regulation has cleared White House review, receiving approval from the Office of Management and Budget — the final step before new fees are officially released and implemented. This move signals that the Department of Homeland Security is ready to publish the official fee schedule soon, affecting investors seeking green cards through the EB-5 program. According to analysis by VisaVerge.com, this clearance means stakeholders should prepare for higher filing costs and a near-term rollout that aligns with broader program reforms.

Policy changes and context

The EB-5 program allows foreign investors to obtain permanent residence in the United States by investing in job-creating U.S. businesses. The latest fee regulation is part of ongoing updates tied to the EB-5 Reform and Integrity Act of 2022, which:

• Extended the program through 2027.
• Strengthened oversight of regional centers, investment rules, and disclosure standards.
• Increased auditing, fund flow controls, and reporting requirements to protect investors and U.S. workers.

Officials describe the new fee schedule as a reset designed to reflect current administrative costs and to support the program’s integrity rules.

Core fees expected after OMB approval

After the White House review, the core filing fees expected under the EB-5 Investor Visa landscape include:

• I-526 Petition Fee (initial immigrant petition): $11,160 for the investor and dependents.
• Immigrant Visa Application Fee (consular processing): $345 per person.
• Adjustment of Status Fee (Form I-485): $1,440 per person for those already in the U.S.
• I-829 Petition Fee (to remove conditions): $9,525 for the investor and dependents.
• Additional charges: $220 for green card production and mailing, biometric fees, and legal fees (which vary by case).

USCIS is expected to publish the official schedule and effective dates following OMB’s approval, giving applicants and regional centers a firm timeline to budget and plan. The agency’s EB-5 program page provides authoritative background and process details for investors and families preparing for the transition. Readers can consult the official page at USCIS EB-5 Immigrant Investor Program for government guidance once the final notice appears.

Impact on applicants and family planning

The headline change for many families is the higher I-526 Petition Fee, which is the first major filing cost that sets the process in motion.

Key practical cost considerations:

• Investors filing from abroad should account for the $345 immigrant visa fee per person at the National Visa Center stage, plus the $220 green card production fee after visa issuance.
• Those already in the U.S. and using consular-free adjustment should plan for the Form I-485 fee of $1,440 per person, plus biometrics.
• The cost to remove conditions on permanent residence is rising to $9,525 for the I-829 Petition; this filing converts conditional residence into full permanent residence.

While the fee increases are material, they track with the oversight steps in the 2022 Reform and Integrity Act. Lawmakers tied renewal to stronger audits and compliance, and the fee regulation is intended to support expanded fraud detection and program integrity functions.

Recommended applicant action steps

Applicants should prepare to act when the official fee notice appears. Recommended steps:

1. Confirm exact effective dates and any grace periods.
2. Recalculate total project and immigration budgets using the new fees.
3. Coordinate family strategy, since many fees apply per person.
4. Lock in filing-ready documentation so you can file immediately once the effective date is published.

Investors nearing a filing decision face a choice: file now under the current fee structure or wait for the official publication to confirm effective dates and transition rules. The White House review result suggests the wait for publication will be short. If timing is tight, coordinate with counsel to prepare packets so you can file as soon as the official notice provides the start date.

Forms and official USCIS resources

To locate the correct USCIS materials and instructions, consult these official form pages:

• Initial petition: Form I-526, Immigrant Petition by Alien Investor
• Adjustment in the U.S.: Form I-485, Application to Register Permanent Residence or Adjust Status
• Removing conditions: Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

Each page includes filing instructions, required evidence, edition dates, and any fee calculators posted alongside the final rule. Applicants should follow the edition dates and the final rule to avoid rejections.

Effects on regional centers, employers, and advisers

• Regional centers have adapted to more rigorous reporting since 2022; higher filing costs will factor into project timelines and cash-flow planning.
• Employers and project sponsors should expect more detailed investor questions about total immigration costs and should prepare clear, early budgeting materials.
• Attorneys, agents, and compliance teams will need to update filing systems, trust account procedures, engagement letters, and client communications to reflect new checks, amounts, and delivery methods.
• Firms should train staff to identify the correct fees for each filing stage, especially where families file multiple applications at once.

Important considerations and timing

• Fees do not change statutory requirements for investment amounts or job creation, but they do increase the total cost of entry and affect long-term planning for families and businesses.
• The government emphasizes aligning fees with actual service costs — adjudication, fraud prevention, and customer service — which have expanded since the Integrity Act.
• With OMB approval complete, publication of the final fee schedule is expected shortly. Applicants who want to avoid new fees may try to file before the effective date; others may wait for the final notice to guide budgets and filing order.

Key takeaway: OMB approval signals that final fee publication is imminent. Investors and practitioners should confirm effective dates when USCIS publishes the rule, update budgets, and prepare filings so they can act quickly when the fee schedule becomes official.