One day marked on the calendar costs more than $4,000. Two investors may have the same project under EB-5 program, the same amount of money, and the same lawyer, but one can face much higher costs for government processing than the other based on whether their petition arrives at USCIS before or after November 30, 2026.
There is a fee revision behind the deadline that nearly doubles certain fees, slashes some others, and includes an overlooked twist.
⚠ Disclaimer
Immigration laws and financial requirements change frequently. This article is for informational purposes only and does not constitute legal or financial advice. Before making any decisions, please consult a qualified professional or reach out High Net Worth Immigration team for a free, up-to-date consultation.
Table of Contents
The typical investor's tale would be one of the I-526E form, which is the form for making an application using Regional Center investment. The cost of this form increases dramatically with the implementation of this new rule:
| Fee Category | Current | From Nov 30, 2026 |
|---|---|---|
| I-526E (Initial) filing fee | $3,675 | $7,850 |
| EB-5 Integrity Fund fee | $1,000 | $1,100 |
| Total government fees | $4,675 | $8,950 |
The fee to file will increase by $4,175, about 114%. When adding the higher fee for the Integrity Fund, each investor would incur an additional $4,275 in government fees.
It seems the Department of Homeland Security(DHS) reduced it's proposed fees. However, it becomes clear only when the sequence of steps leading to the final number is considered.
Step 1: The baseline of 2024. On October 23, 2025, DHS issued a Notice of Proposed Rulemaking(NPRM), in which the 2024 baseline has been chosen as the starting point:
I-526E: $11,160
I-829: $9,525
I-956 and I-956F: $47,695
Step 2: The relief. In contrast to the extremely high figures above, the DHS proposed to decrease fees to make I-526E cost $9,625 and I-956F cost $29,935.
Step 3: Legal foundation was altered. On November 12, 2025, a Colorado Federal Court halted the fee rule of 2024 from USCIS. Without the fee rule, USCIS returned to the earlier, pre-April 1, 2024 schedule, where I-526E costs $3,675.
Step 4: Recalculation. Due to the fact that the baseline was no longer valid, DHS had to build all of the fees from scratch, based on expected workload and cost of operations in fiscal years 2026 and 2027. This approach resulted in an I-526E fee of $7,850.
| Step | Status | I-526E Fee |
|---|---|---|
| 1 | Old rule (2024 fee schedule) | $11,160 |
| 2 | October 2025 proposal | $9,625 |
| 3 | Current fee (after court injunction) | $3,675 |
| 4 | Final rule (effective Nov 30, 2026) | $7,850 |
Thus, the allegation that USCIS cut the fee from $9,625 to $7,850 ignores the most important fact. Currently, investors have to pay $3,675, which means that the proposed fee is doubling their expenses.
There was also a change in the technology fee. It was proposed to be $95, while the final rule makes it equal to $75, and adds it to the total amount of $7,850.
On the investors' side, the cost for their initial petition is more than twice the existing rate. Although lower than the proposed rate for October 2025, the amounts are definitely higher than the existing rates.
| Form | Current | Final (Nov 30, 2026) | Change |
|---|---|---|---|
| I-526 (standalone) | $3,675 | $7,615 | +$3,940 (+107%) |
| I-526E (Regional Center, initial) | $3,675 | $7,850 | +$4,175 (+114%) |
| I-526E (amendment) | $3,675 | $7,775 | +$4,100 (+112%) |
| I-527 (legacy I-526 amendment) | None | $10,330 | New fee |
| I-829 (removal of conditions) | $3,750 | $5,000 | +$1,250 (+33%) |
These investors are not entirely safe either. If they apply for the I-829 to have their conditions removed from their green card, they will have to pay the new rate of $5,000.
The highest increases are for new regional center designations and new project applications. On the other hand, amendments and annual reports become less expensive, making compliance more affordable than creation.
| Form | Current | Final (Nov 30, 2026) | Change |
|---|---|---|---|
| I-956 (initial designation) | $17,795 | $44,115 | +$26,320 (+148%) |
| I-956 (amendment) | $17,795 | $9,835 | −$7,960 (−45%) |
| I-956F (project application) | $17,795 | $42,675 | +$24,880 (+140%) |
| I-956G (annual statement) | $3,035 | $2,165 | −$870 (−29%) |
| I-956H (associated persons validation) | None | $65 | New fee |
| I-956K (promoter registration) | None | $2,165 | New fee |
Integrity Fund assessments have a more straightforward structure since each one of them increases by 10 percent across the board.
| Assessment Category | Current | Final | Increase |
|---|---|---|---|
| I-526E (per investor) | $1,000 | $1,100 | +$100 |
| Regional Center (20 or fewer investors) | $10,000 | $11,000 | +$1,000 |
| Regional Center (more than 20 investors) | $20,000 | $22,000 | +$2,000 |
Biggest Surges: I-956 (initial filing) up by 148%, I-956F (project application) up by 140%
Drops: I-956 (amendment) down by 45%, I-956G (annual report) down by 29%
New Additions: I-527, I-956H, and I-956K
What's Included: The final fee for I-526 and I-526E already includes the EB-5 Technology Fee of $75, and the Integrity Fund fee is charged additionally.
The figures were not arbitrary. According to the EB-5 Reform and Integrity Act of 2022, DHS was obliged to conduct an analysis of the real cost of the program and set adequate fees for its operation. This analysis identified a big difference:
| Metric | Annual Amount |
|---|---|
| Current fee revenue | ~$56.6 million |
| Projected cost of operation of the program | ~$105.0 million |
| Funding deficit | ~$48.4 million |
This means that the current fees cover approximately 54% of the total cost of the operation of the program. The new structure is supposed to solve this $48.4 million funding problem.
This additional revenue is allocated for certain tasks within the program:
Adjudication of Petitions: review of documents submitted by investors and projects
Security and Integrity: fraud and national security concerns detection
Oversight: compliance reviews, audits, site visits for regional centers
Lifecycle of Regional Centers: terminations and reauthorizations
Administration and Technology: management of the program, technological improvements
Personnel: recruitment of personnel to comply with the processing times requirement
DHS projects around 16,600 EB-5 filings yearly. On this basis, there will be a hike in the filing fees of the already existing forms by an average of 70.7% or $2,945.90 per filing.
This is what makes this rule more than just a typical fee increase. From the year 2022 onwards, the program has gained a lot of additional requirements and reporting responsibilities.
When we talk of sponsors that plan to introduce new products, the calculation is completely different now. An I-956F form is priced at $42,675 compared to $17,795 before, while the designation of a new regional center now costs $44,115.
On the other hand, for established entities, there is some relief on regular filings. The I-956 amendment filing drops to $9,835, while the I-956G annual filing reduces to $2,165 due to commenters who claim that amendments require less review compared to the initial filing.
Sponsors that are smaller will feel the effects of the increased cost of entry the most. Whether this results in limited project selection for investors depends on the market, not the regulation.
The cost savings for the investor by filing before the effective date will be around $4,275 in USCIS fees. Normally, USCIS would charge the prevailing fee at the time the application is filed, but a mailed form filed too late would still fall under the new rate schedule.
Nevertheless, this amount of savings is relatively insignificant compared to the total investment. The required investment amount for EB-5 is $800,000 in case of targeted employment areas or infrastructure projects and $1,050,000 in all other cases.
The legal, administrative, and visa processing costs are not included in the above USCIS fees.
The proper course of action is determined not by the deadline, but by the level of readiness of each individual investor:
| Your Situation | What to Do |
|---|---|
| Due diligence is done, the project has been selected, and your lawyer is prepared to file | File before the deadline, since procrastination guarantees additional expense for you. |
| If any of the three conditions is not met yet | Do not hurry and complete your preparations. |
For the investor who completed his preparations, procrastination guarantees one thing only – bigger government fees. For others, the deadline hides another trap, as the real cost of EB-5 was not even reflected in any fee schedule.
But then what is the deciding factor for the decision-making when investing $800,000 – the $4,275 saved on November 29 or the project selected hastily to save this money?
Vicky Katsarova is an internationally recognized advisor in residency and citizenship by investment, with more than 15 years of experience helping investors, entrepreneurs, and families secure strategic residency and citizenship solutions.
Since founding High Net Worth Immigration in 2010, she has advised clients across more than 20 jurisdictions, helping them enhance global mobility, protect family wealth, diversify geopolitical risk, and unlock international opportunities through carefully selected investment migration programs.
Having lived in Bulgaria, the UAE, and Canada, Vicky combines professional expertise with personal international experience. Her boutique advisory is built on discretion, integrity, and long-term client relationships, delivering tailored solutions aligned with each client’s unique objectives.