EB-5 Fee Change: Effective November 30, 2026
On September 29, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a final rule updating fees for the EB-5 Immigrant Investor Program. The new fee schedule is scheduled to take effect on November 30, 2026, and several key EB-5 filing fees will increase substantially.
For investors considering EB-5, understanding the timing of these changes is important. The new fees affect the government filing costs associated with the immigration process, but they do not change the required EB-5 investment amount.
What Does This Mean for EB-5 Investors?
For a new investor filing through a regional center, the most important change is the increase in the I-526E filing fee from $3,675 to $7,850. This means an investor who files under the current fee schedule can save $4,175 in the I-526E filing fee alone, before considering the additional $75 technology fee and the applicable Integrity Fund fee under the new schedule.
It is important to remember that these are government filing fees, separate from:
The EB-5 investment amount
Regional center or administrative fees, if applicable
Immigration attorney fees
Document preparation or other professional fees
Any other costs associated with the investor's immigration process
The new USCIS fee rule does not increase the statutory EB-5 investment requirement. The minimum investment remains $800,000 for qualifying investments in a Targeted Employment Area (TEA) or qualifying infrastructure projects, and $1.05 million for other qualifying investments. Investors must also satisfy the program's job creation and other eligibility requirements.
November 30 Is Different From the September 30 EB-5 Deadlines
Prospective EB-5 investors should be aware of two separate deadlines in 2026: September 30 and November 30. These dates have different implications and should not be confused.
September 30, 2026: EB-5 Grandfathering Deadline
September 30, 2026 is the current statutory deadline for EB-5 grandfathering under the EB-5 Reform and Integrity Act (RIA).
In simple terms, “grandfathering” means that an investor who properly files a qualifying Form I-526E petition on or before September 30, 2026 receives statutory protection for that petition if the EB-5 Regional Center Program were to lapse in the future. The investor's petition can continue to be processed under the applicable grandfathering provisions even if the Regional Center Program is not subsequently reauthorized.
Importantly, September 30, 2026 is not the expiration date of the EB-5 Regional Center Program. The Regional Center Program is currently authorized through September 30, 2027.
This means that investors can still file a new EB-5 petition after September 30, 2026 and before September 30, 2027 while the Regional Center Program remains authorized. However, if investors are filing after November 30, 2026, their petitions will be subject to higher filing fees.
Why Is USCIS Increasing EB-5 Fees?
USCIS states that the final rule is intended to ensure that EB-5 fees recover the cost of administering the program and support statutory processing-time goals and program-integrity measures. According to the final rule, DHS estimates that the EB-5 program currently has a significant gap between projected program costs and revenue from existing fees. The new fee schedule is intended to address that gap. The agency also points to costs associated with adjudication, program administration, background checks, fraud detection, audits, and site visits as part of the broader EB-5 program administration.
What Should Prospective Investors Consider?
The fee increase adds another financial consideration for investors evaluating an EB-5 investment. For investors who are already preparing their I-526E petitions, the timing of the filing may have a direct impact on the government filing fee they pay. Investors should coordinate closely with their immigration counsel to determine their filing timeline and ensure that all required forms, supporting documents, and fees are properly prepared.
At the same time, an EB-5 investment decision should not be based solely on the filing fee. Investors should also carefully evaluate the underlying project, investment structure, job-creation methodology, source and path of funds requirements, expected investment timeline, and the terms governing repayment of invested capital.
Plan Ahead for the New EB-5 Fee Schedule
The upcoming fee increase is one of the most significant changes to EB-5 government filing costs in recent years. For investors planning to file an I-526E, the difference between the current and new filing fee is more than $4,000.
With the new fees scheduled to take effect on November 30, 2026, prospective investors should understand how the change may affect their overall EB-5 budget and filing timeline.
As always, investors should consult with their immigration attorney regarding their individual circumstances and filing strategy.
ARCFE remains committed to helping investors navigate the EB-5 investment process with transparency, careful planning, and a long-term approach to real estate investment.
Experience Beyond the EB-5 Immigration
Choosing an EB-5 regional center is about more than the filing process. Investors should also consider the regional center’s experience managing capital throughout the investment lifecycle. ARCFE is the first EB-5 regional center to complete post-RIA $800,000 capital repayments to eligible investors. These repayments demonstrate our experience managing EB-5 funds from deployment through project completion and repayment.
With 20+ EB-5 projects since 2013 and 60+ real estate projects and funds through the iCross since 2009, ARCFE brings extensive experience in real estate investment and fund management.
Explore our recent post-RIA investor repayments:
These repayments represent more than the return of investor capital. They reflect the importance of disciplined fund administration, careful project and capital management, ongoing monitoring, and coordination among the regional center, project sponsors, attorneys, and investors.
Considering EB-5 For Your Family?
Speak with an iCross × ARCFE EB-5 specialist to discuss your immigration goals, timeline, and available investment opportunities.
