For most of 2026, EB-5 planning has centered on September 30, the last day to file Form I-526E with the grandfathering protection of the EB-5 Reform and Integrity Act (RIA). That date has now passed. The next date on the calendar is November 30, 2026, when a new EB-5 fee schedule takes effect.
On September 30, 2026, the Department of Homeland Security (DHS) published a final rule setting new fees for the EB-5 Immigrant Investor Program.1 U.S. Citizenship and Immigration Services (USCIS) announced the rule the day before, explaining that it is updating fees “to ensure EB-5 fees fully recover the cost of operating the program, meet statutory processing time goals, and support integrity measures such as audits and site visits.”2 The rule finalizes a proposal published in October 2025, with revised figures.3 The effective date turns on the postmark: “Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule.”4
Why the Fees Are Changing
The RIA directed DHS to conduct an EB-5-specific fee study and to set fees at a level that recovers the full cost of administering the program while working toward statutory processing time goals.5 USCIS’s revised study projects EB-5 program costs of about $105 million a year for fiscal years 2026 and 2027, against about $56.6 million in revenue at current fees, a gap of roughly $48.4 million.6 DHS estimates that the new schedule will affect about 16,600 filings a year and raise EB-5 form fees by about 70.7 percent on a weighted average.7
The rule also follows litigation. DHS raised EB-5 fees in its general USCIS fee rule effective April 1, 2024. On November 12, 2025, the United States District Court for the District of Colorado stayed those EB-5 fees in Moody v. Noem, concluding that the RIA precluded DHS from adjusting EB-5 fees through a general fee rule.8 USCIS reverted to the fees in effect before April 2024, which are the “current” fees shown below, and DHS has stated that USCIS is not required to refund fees paid under the 2024 schedule.9 The rollback also created practical confusion for petitions already on file.10
The New Fee Schedule
Fees apply to filings postmarked on or after November 30, 2026. The I-526 and initial I-526E fees include the $75 EB-5 Technology Fee. A regional center investor pays both the I-526E petition fee and the I-526E Integrity Fund fee: $8,950 in total under the new schedule, up from $4,675. Descriptions in the second column are simplified for readability and are not the official form titles. Source: 91 Federal Register 61942–61943.
Several changes deserve particular attention:
- Investor petition fees more than double. The I-526 and initial I-526E fees will include a new $75 EB-5 Technology Fee, which the RIA authorizes to fund improvements to USCIS information technology systems. DHS had proposed $95; the final rule sets it at $75 and applies it only to Form I-526 and initial Form I-526E filings.11
- Form I-829 rises less than proposed. The final fee of $5,000 is well below the $7,860 DHS proposed in October 2025.
- A new form for legacy investors. Form I-527 allows certain investors whose petitions were filed before March 15, 2022, and whose regional center has since been terminated or whose new commercial enterprise or job-creating entity has been debarred, to amend their petitions and preserve eligibility under the RIA. The fee is $10,330. DHS has stated that USCIS will not treat a Form I-527 as a new petition, and the investor keeps the original priority date.12
- Regional center costs shift to initial filings. In response to public comments, DHS allocated the cost of regional center terminations to initial Form I-956 and Form I-956F filings only, which lowers the I-956 amendment fee. Separately, the I-956G annual statement fee decreases, and Forms I-956H and I-956K, which previously carried no fee, now carry one; DHS explains that these filings involve fewer activities, and thus lower costs, than other EB-5 workloads.13
- Integrity Fund fees rise 10 percent. DHS adjusted the Integrity Fund fees for inflation, using the Consumer Price Index for All Urban Consumers from 2022 to 2025. The rule also codifies penalties for late payment of the annual regional center fee, which is due October 1: 10 percent for payment between November 1 and November 30, 20 percent for payment between December 1 and December 30, and termination of the regional center’s designation if the fee and any penalty are not paid by December 30.14
The rule covers EB-5 program forms only. It does not change the minimum investment amounts, and it does not change the fees for adjustment of status or consular processing.
What This Means for Investors
An investor whose petition is complete and ready can still file under the current fees. A Form I-526E postmarked before November 30 costs $4,175 less in filing fees than one postmarked on or after that date, and a Form I-526 costs $3,940 less. USCIS generally rejects a filing submitted with the wrong fee, so a package mailed close to November 30 should be checked carefully against the schedule in effect on its postmark date.
That said, the fee difference should be kept in proportion. The minimum investment amounts are scheduled to increase on January 1, 2027, a difference measured in six figures rather than four. And since August, USCIS officers have had full discretion to deny an incomplete filing without first issuing a Request for Evidence or a Notice of Intent to Deny. A petition filed early to save a few thousand dollars, but denied for missing evidence, costs far more: the new fee to refile, and the original priority date. Completeness, not the fee deadline, should set the pace.
For regional centers and fund issuers, the higher I-956 and I-956F fees and the new promoter registration fee are worth building into project budgets now.
Final Word
The new fees are a meaningful increase, but they are a small part of the total cost of an EB-5 investment. For investors with a filing already in final review, November 30 is a practical date to aim for. For everyone else, the priorities are unchanged: thorough source and path of funds documentation, careful project diligence, and a petition that stands on its own when it is filed.
If you have questions about the EB-5 program, contact our Investor Relations Team to learn more or to discuss your options with an experienced advisor.
This article is provided for informational purposes only and reflects conditions as of October 2026. It does not constitute legal advice. Immigration timelines and program details are subject to change. Please consult a qualified immigration attorney for advice specific to your circumstances.
1. Department of Homeland Security, U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, 91 Federal Register 61940 (September 30, 2026), https://www.federalregister.gov/d/2026-20016.
2. U.S. Citizenship and Immigration Services, USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures (September 29, 2026), https://www.uscis.gov/newsroom/alerts/uscis-adjusts-eb-5-fees-to-cover-program-costs-and-strengthen-integrity-measures.
3. Department of Homeland Security, U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, Proposed Rule, 90 Federal Register 48516 (October 23, 2025), https://www.federalregister.gov/d/2025-19642.
4. 91 Federal Register 61940.
5. EB-5 Reform and Integrity Act of 2022, Public Law 117-103, Division BB, Section 106.
6. 91 Federal Register 61941, 61950.
7. 91 Federal Register 61943.
8. Moody v. Noem, Civil Case Number 24-cv-00762-CNS, 2025 WL 3157554 (United States District Court for the District of Colorado, November 12, 2025).
9. 91 Federal Register 61944, 61956.
10. See Steven C. Reingold, Rohit Kapuria & Mine Ekim, USCIS EB-5 Updates: Policy Shifts, Adjudication Trends, and Industry Implications, IIUSA Regional Center Business Journal, Volume 15, No. 1 (April 2026) (discussing the court-ordered rollback of the April 2024 EB-5 fee increases, the corrected receipts issued for pending filings, and the then-anticipated final fee rule).
11. 91 Federal Register 61952.
12. 91 Federal Register 61956–61958; Immigration and Nationality Act Section 203(b)(5)(M), 8 United States Code 1153(b)(5)(M).
13. 91 Federal Register 61952, 61960.
14. 91 Federal Register 61952, 61985; Immigration and Nationality Act Section 203(b)(5)(J), 8 United States Code 1153(b)(5)(J).
