USCIS just dropped a bomb on EB-5 investors. On September 29, they issued a final rule that more than doubles the filing fees for EB-5 petitions. That’s a big deal — for foreign nationals chasing a green card through investment, and for the regional centers and attorneys who put these filings together. Got a case pending? Thinking about filing soon? Our team says: pull up the new fee schedule today and get on the phone with an immigration attorney about your timeline. Don’t wait on this one.
Here’s the quick version of how EB-5 works: qualified investors and their families can get lawful permanent residence — a green card — by investing in a new commercial enterprise that creates jobs here in the U.S. Solid path, but it’s never been cheap or simple. Now this new rule changes what that path costs, and it kicks in November 30, 2026. Mark that date. Protect your rights — we handle the rest.
Background: What This Means
According to USCIS, the final rule raises the fee for Form I-526E (Immigrant Petition by Regional Center Investor) from its prior amount to $7,850. Form I-526 (Immigrant Petition by Alien Investor), used by investors who are not filing through a regional center, will rise to $7,615. These are the forms that start the EB-5 process by asking USCIS to approve the investment and job-creation plan.
The rule also increases fees tied to the EB-5 Integrity Fund, a fund created by Congress to pay for fraud detection, audits, and oversight of regional centers. USCIS is also introducing a new form, Form I-527, connected to filings and fee obligations under the updated structure. As of September 30, 2026, USCIS has not announced any further delay, so these changes are expected to take effect for petitions filed on or after November 30, 2026.
USCIS has stated the increases are meant to cover the actual cost of processing EB-5 petitions, including background checks, site visits, and fraud prevention. The agency last adjusted immigration fees broadly in 2024, but this rule specifically targets EB-5 filings and Integrity Fund contributions.
How This Affects Investors, Families, and Regional Centers
Investors who have not yet filed will pay significantly more to start the process. A family with a pending investment plan should budget for the higher I-526E or I-526 fee, plus any applicable Integrity Fund payment, before the November 30 deadline.
Investors who already have a petition pending are generally not required to pay the new fee again for that same filing, but any follow-on filings, such as adjustment of status or removal of conditions, may be subject to separate fee rules. Regional centers and new commercial enterprises should review their offering documents and investor agreements, since higher government fees can affect overall project budgets and investor communications.
Attorneys and business immigration teams who also handle other investor-based categories, such as the E-2 treaty investor visa, may see more clients asking whether a different investment path makes more financial sense now that EB-5 costs have risen. Families weighing EB-5 against other options should compare total costs, timelines, and eligibility requirements across the full range of investor visa categories.
What You Should Do Now
- Review your filing timeline. If you plan to file Form I-526E or Form I-526 before November 30, 2026, confirm the current fee amount directly with USCIS before submitting payment.
- Budget for the Integrity Fund fee. This is a separate payment from the petition fee, and the new rule increases it as well.
- Check your source-of-funds documentation early. Higher fees make it more important to file a complete, well-documented petition the first time, since a rejection or request for evidence can delay your case and add cost.
- Talk to your regional center or project sponsor. Ask how the new fees affect the total investment package and any related administrative charges.
- Consult an immigration attorney. An attorney can confirm which fee applies to your specific filing date and category, and can review your petition for completeness before submission.
For a broader look at how investment-based immigration options compare, the EB-5 investor green card page outlines the basic requirements and process steps.
How Tez Law P.C. Can Help
Tez Law P.C. assists individuals and families with EB-5 petitions, from initial eligibility review through Form I-526E or Form I-526 preparation and follow-on filings. The firm also advises clients comparing EB-5 to other paths, including the employment-based visa categories, and can review project documents and source-of-funds evidence before filing. JJ Zhang, founding attorney (California Bar #326666), oversees the firm’s immigration matters.
Frequently Asked Questions
When do the new EB-5 fees take effect?
The final rule takes effect on November 30, 2026, according to USCIS. Petitions filed on or after that date are expected to require the new, higher fee amounts.
Do I have to pay the new fee if my petition is already pending?
Generally, fee increases apply to filings submitted on or after the effective date, not to petitions already accepted by USCIS. You should confirm your specific situation, since related filings in your case may still be subject to updated fee rules.
What is the EB-5 Integrity Fund fee?
The Integrity Fund is a separate fee, created by Congress, that pays for USCIS oversight, audits, and fraud detection related to regional centers. This rule increases the amount of that fee in addition to raising the base petition fees.
Is EB-5 still worth it after this fee increase?
Whether EB-5 makes sense depends on your investment amount, timeline, and immigration goals. Some investors may want to compare EB-5 against other options, such as the E-2 treaty investor visa, before deciding.
What is Form I-527?
Form I-527 is a new form introduced as part of this rule, tied to certain EB-5-related filings and fee obligations. USCIS guidance on its exact use is expected closer to the November 30, 2026 effective date.
If you are considering an EB-5 investment, already have a petition pending, or want to compare investor visa options before the new fees take effect, you can schedule a consultation with Tez Law P.C. to discuss your specific case.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact Tez Law P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.