Proposed EB-5 Fee Cuts Up to 17%, Adds $95 Tech Fee

(UNITED STATES) The U.S. Department of Homeland Security is proposing to lower several filing fees tied to the EB-5 investor visa while adding a modest technology charge, marking the first time in years that many EB-5 form fees could go down instead of up. In a Notice of Proposed Rulemaking (NPRM) published in the Federal Register on October 23, 2025, DHS outlined fee changes of up to 17% for some investor filings and deeper cuts for regional center forms, along with a new $95 technology fee on initial EB-5 petitions. The public may submit comments on the proposal through December 22, 2025, and the agency will review feedback before issuing a final rule. These changes are not yet in effect.

Key proposed fee changes and rationale

DHS says the proposal aims to modernize processing, align fee design with actual service costs, and improve the EB-5 program’s competitiveness in the global investment migration market. The NPRM also follows the EB-5 Reform and Integrity Act of 2022, which required DHS to study fees and report findings.

• The agency proposes that fees better reflect actual adjudication and program costs while avoiding price points that discourage bona fide investment.
• The proposal includes a $95 technology fee meant to support digital upgrades and case management tools at USCIS.
• Public comments will inform the final rule; the proposal is not final and would take effect only after DHS issues a final rule (likely in 2026 if adopted).

Proposed fee highlights

• Form I-526E (Immigrant Petition by Regional Center Investor): decrease from $11,160 to $9,625 (about 14% lower) — plus a new $95 technology fee on the initial filing.
• Form I-829 (Petition to Remove Conditions on Permanent Resident Status): lowered by about 17% to roughly $3,235 (exact amount to be confirmed in the final rule).
• Form I-956F (Application for Approval of an Investment in a Commercial Enterprise): decrease from $47,695 to $29,935 (about 37% lower).
• Form I-956 (Application for Regional Center Designation): decrease from $47,695 to $28,895 (about 39% lower).
• Form I-956 (Amendment): decrease from $47,695 to $18,480 (about 61% lower).
• Form I-956G (Regional Center Annual Statement): decrease from $4,470 to $2,740 (about 39% lower).

The NPRM would also:
– Codify EB-5 Integrity Fund fees and penalties.
– Introduce a new Form I-527 for specific legacy cases (may not yet have a USCIS page).
– Clarify how spouses and children can file separate I-829 petitions when needed.

EB-5 program basics (costs and requirements)

• Minimum investment amounts:
  • $800,000 in a Targeted Employment Area (high unemployment or rural).
  • $1,050,000 in other areas.
• Job creation requirement: at least 10 full-time jobs for U.S. workers.
• Additional costs beyond the minimum investment:
  • USCIS filing fees (subject to this NPRM).
  • Due diligence and regional center charges.
  • Legal fees and source-of-funds documentation.

Timing, comment period, and next steps

• Public comments are open until December 22, 2025.
• DHS will review comments and may revise the proposal before issuing a final rule.
• If adopted, an effective date would be set (likely in 2026), but not guaranteed; filers should not assume a grace period.

Important: Until a final rule is published and an effective date set, current USCIS forms and fees remain in effect. Submitting with the wrong fee can lead to rejection and delays.

Who this matters to and the potential impacts

Investors and families

• If finalized, upfront filing costs would fall, even after adding the $95 technology fee to initial petitions.
• Example: A family of three (two parents, one child) filing through a regional center would see the main investor pay $9,625 + $95 (if the NPRM is finalized as proposed) for I-526E.
• Filing fees are only one part of total EB-5 costs—applicants still need to budget for project administrative fees, legal fees, and due diligence.

Regional centers and project sponsors

• Larger reductions on I-956, I-956F, and I-956G could lower start-up and compliance costs.
• Lower government fees may allow sponsors to allocate more funds to development and job creation rather than administrative overhead.
• Could encourage more project filings and new entrants, but centers should avoid delaying required filings in hopes of a new fee effective date.

Attorneys, compliance officers, and economists

• More predictable, cost-reflective fees support better planning and modeling.
• NPRM numbers are proposals; professionals should caution clients that final fees may change after public comments are reviewed.

Operational and program integrity considerations

• Critics worry reduced fees could constrain USCIS resources if application volumes rise. DHS addresses this by:
  • Introducing the $95 technology fee.
  • Maintaining Integrity Fund fees and penalties for oversight.
• Success of the fee model depends on whether USCIS can improve processing times, reduce backlogs, and sustain anti-fraud tools without raising fees again.
• The NPRM does not commit to specific processing time targets.

Practical filing guidance and official resources

• Continue using current USCIS forms and fee payments until a final rule takes effect.
• Reference official USCIS form pages for instructions and filing locations:
  • USCIS Form I-526E: USCIS Form I-526E
  • USCIS Form I-829: USCIS Form I-829
  • USCIS Form I-956: USCIS Form I-956
  • USCIS Form I-956F: USCIS Form I-956F
  • USCIS Form I-956G: USCIS Form I-956G
• Federal Register NPRM and comment submission instructions: see DHS proposed rule published October 23, 2025, on the Federal Register.

How to engage in the rulemaking process

• Submit focused, evidence-based comments by December 22, 2025 addressing:
  • Fee levels and real-world impacts on filings and project timing.
  • Technology needs and how the $95 fee should be used.
  • Family filing rules (e.g., separate I-829 petitions, age-out concerns).
  • Compliance and reporting burdens for regional centers.
• Suggested comment formats:
  1. Brief summary of the commenter’s position.
  2. Data or case examples supporting the position (anonymized as needed).
  3. Specific requests or suggested changes to the NPRM text.

Strategic planning recommendations

• Review the NPRM and consider submitting comments by December 22, 2025.
• Keep filing with current fees until DHS issues a final rule and effective date.
• Prepare documentation now (source-of-funds reports, tax records, bank statements, business proofs) so filings can proceed under either fee schedule.
• Regional centers should model budgets for both current and proposed fees and avoid delaying mandatory filings.
• Attorneys should update engagement letters and client budgets once a final rule is published.

Final observations

• The NPRM signals DHS strategy: reduce some filing burdens while strengthening integrity and investing in technology.
• If the proposal becomes law largely as drafted, the EB-5 filing stage could become less expensive, and USCIS could gain tools to improve service through the technology fee.
• The final rule could still change; the December 22, 2025 comment deadline is critical for stakeholders wishing to influence outcomes.

Action checklist:
– Review the NPRM and submit comments by December 22, 2025.
– Continue filing under current fees until a final rule and effective date are published.
– Use official USCIS form pages for instructions: I-526E, I-829, I-956, I-956F, I-956G.
– Monitor the Federal Register for updates: Federal Register.

Stay flexible: budget for current fees, prepare complete documentation, and be ready to adapt when the final fee schedule is announced.