EB-5 fees from 30 November 2026: the new amounts, what changes for investors and regional centers, and the court stay behind today's fees

A final rule published on 30 September 2026 (91 FR 61940) sets new EB-5 fees for anything postmarked on or after 30 November 2026: $7,615 for Form I-526, $7,850 for an initial I-526E, $5,000 for Form I-829 and $44,115 for an initial regional center application. Until then, USCIS is collecting the fees that applied before 1 April 2024, because of a 2025 court order, not the higher amounts printed in 8 CFR 106.2.

EB-5 is the employment-based fifth preference category for investors who put capital into a US business that creates jobs. The fees are among the more confusing in immigration law right now, for two reasons. First, they are about to change. Second, the number printed in the Code of Federal Regulations today is not the number USCIS is actually collecting.

On 30 September 2026 the Department of Homeland Security published a final rule, "U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule" (91 FR 61940, Federal Register document 2026-20016). The rule says: "This final rule is effective November 30, 2026. Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule." The same rule adopts a new technology fee, new fee lines for forms that had no fee, and an inflation adjustment to the fees that fund the EB-5 Integrity Fund.

This page lists the new amounts, explains the court order that makes the current picture different, and notes what the rule does not settle. It describes the rules. It does not tell any investor whether to file, which form fits, or whether a particular investment qualifies; the program has securities, source-of-funds and immigration questions that call for a lawyer who handles EB-5. Check the USCIS fee schedule (Form G-1055) before paying any fee, because a request with the wrong fee is rejected.

What the program is, and the investment thresholds the rule recites

The fee rule is a fee rule, but its background section restates the program's basics. According to the preamble, the EB-5 program "allocates approximately 10,000 visas annually to qualified immigrants and dependents who invest at least $1,050,000, or $800,000 in a targeted employment area (TEA) or infrastructure project, in a U.S. business that creates at least 10 full-time jobs." It adds that under the EB-5 Reform and Integrity Act of 2022, "Up to 90 percent of job creation may be satisfied through indirect jobs in a new commercial enterprise associated with a designated regional center."

Two program features show up in the fee schedule:

Standalone investors file Form I-526 for a direct investment in a new commercial enterprise.
Regional center investors file Form I-526E for an investment through a designated regional center. The regional centers themselves file separate applications (Forms I-956, I-956F, I-956G, I-956H and I-956K) and pay annual integrity fees.

The preamble also notes that the regional center program, as reformed, runs "effective May 14, 2022, through September 30, 2027," and adds that the rule and its analysis "assume that the program will be extended and will not sunset on this date, as Congress has a history of reauthorizing the program when it is set to end." That is DHS's assumption, not a statute. Whether and how Congress extends the program is outside the fee rule.

The new fees for investors, from 30 November 2026

The new 8 CFR 106.2(d) in the final rule lists these amounts for individual investors:

Form I-526, immigrant petition by a standalone investor: $7,615.
Form I-526E, immigrant petition by a regional center investor, initial filing: $7,850.
Form I-526E amendments: $7,775.
Form I-829, petition to remove conditions on permanent resident status: $5,000.
Form I-527, amendment to a legacy Form I-526: $10,330. This form is new. It is for investors who filed before the 2022 Reform Act "to amend their petition to retain their eligibility after their regional center is terminated or their new commercial enterprise or job-creating entity is debarred."
A $1,100 "Petition Fee": the rule text says "Individuals filing a petition for classification under INA section 203(b)(5)(E) must submit $1,100 in addition to any other fees associated with such petition." In the preamble, DHS describes this amount as the I-526E EB-5 Integrity Fund fee rising from $1,000 to $1,100 through a 10 percent inflation adjustment.

The $7,615 and $7,850 amounts each include "an additional USCIS EB-5 Technology Fee of $75, which is included in the fees" described in the rule. Whether the $1,100 is due with every I-526E, and how it is counted next to the $7,850, is a point for the form instructions and an attorney to confirm. Adding the amounts mechanically is only arithmetic. The rule does not itemize a single "total cost," and the filing fees are not the whole cost of an EB-5 case: the investment, attorney fees, the Department of State visa fee, medical exams and the fees for adjustment of status or consular processing are separate.

The rule also changes a procedural point in 8 CFR 216.6. If the investor's spouse and children are not included on the investor's I-829, "the spouse and each child must each file their own petition to remove the conditions on their permanent resident status, unless the investor is deceased." The preamble notes that, in general, the I-829 is filed "within the 90-day period immediately preceding the second anniversary of obtaining their conditional permanent resident status (subject to certain exceptions)." Late filing is possible only on a showing of good cause and extenuating circumstances.

The new fees for regional centers and promoters

The rule also resets what regional centers pay. In the new 8 CFR 106.2(d):

Form I-956, application for regional center designation: $44,115 for an initial filing, $9,835 for an amendment.
Form I-956F, application for approval of an investment in a commercial enterprise: $42,675.
Form I-956G, regional center annual statement: $2,165.
Form I-956H, bona fides of persons involved with the regional center: $65 for each person.
Form I-956K, registration for direct and third-party promoters: $2,165. The rule describes the form as covering "each person acting as a direct or third-party promoter (including migration agents) of a regional center, any new commercial enterprises, an affiliated job-creating entity, or an issuer of securities intended to be offered to immigrant investors."

EB-5 Integrity Fund annual fee. Under 106.2(d)(10), designated regional centers pay each year on 1 October either $22,000 or, if the center has 20 or fewer total investors in its new commercial enterprises at the end of the previous fiscal year, $11,000. The fee is paid online at Pay.gov. If the fee is paid from 1 to 30 November, a 10 percent penalty applies; from 1 to 30 December, 20 percent; and if the fee plus any penalty is not paid by 30 December, "USCIS will terminate the designation of such regional center," after a notice of intent to terminate. The preamble records the increase as "from $10,000 to $11,000" and "from $20,000 to $22,000," and says it follows "the Consumer Price Index for All Urban Consumers," measured from 2022 to 2025, a 10.01 percent rise.

DHS discloses its own estimate of the impact: the schedule will "increase form fees by about 70.7 percent, or by about $2,945.90 (based on a weighted average)." That is DHS's average across all EB-5 forms and filers, not the change for any one case.

Registration of promoters is a notable change for advisers. The description of Form I-956K names migration agents as a category of promoter. Anyone involved in selling or promoting an EB-5 offering should have a lawyer review whether this registration, securities law and the immigration rules on representation apply to them. Our page on who can give immigration advice explains who may represent a petitioner in front of USCIS.

Why today's fees are not the fees in the CFR

The eCFR text in force on 1 October 2026 still lists the EB-5 fees set in USCIS's 2024 fee rule (89 FR 6194), which took effect on 1 April 2024. For example, 8 CFR 106.2 lists $11,160 for both the I-526 and the I-526E, $9,525 for the I-829 and $47,695 for the I-956 and I-956F. The same text lists no fee for the I-956H or I-956K.

Those are not the amounts USCIS is collecting. The final rule explains why: "On November 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem, 2025 WL 3157554 (D. Colo.), staying certain EB-5-related fees established in the FY 2022/2023 fee rule." The court "concluded that the EB-5 Reform Act precluded DHS from adjusting EB-5 program fees in that rule." DHS states: "As of November 12, 2025, USCIS reverted to accepting the EB-5 fees that were in effect until March 31, 2024." It also states that DHS and USCIS "believe the Court's decision is incorrect but have implemented it," and that "the EB-5 fees in 8 CFR 106.2 do not reflect the current fees USCIS collects."

So three sets of numbers exist:

the fees USCIS collects now, which are the pre-April 2024 amounts (shown in the "Current Fee(s)" column of Table 1 in the Federal Register notice);
the higher amounts still printed in 8 CFR 106.2, which are stayed; and
the new amounts that apply to requests postmarked on or after 30 November 2026.

The prudent source for the amount to send on a given day is the USCIS fee schedule (G-1055) and the form instructions, not a blog, a table in the CFR or this page. The Federal Register notice also says it treats the provisions as severable, so that a stay or injunction of one fee need not stop the others. Litigation can change the picture again, which is a reason to read the dated documents instead of relying on a number remembered from last year.

What else is pending

The fee rule is only one of several EB-5 rulemakings. The preamble notes that on 2 July 2026 DHS proposed a separate rule, "EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification" (91 FR 40676). It is PROPOSED, not in force. Its comment period closed on 31 August 2026, and the Federal Register page for document 2026-13392 shows its current status. According to the fee rule, that separate rule "would implement the statutory reforms that the EB-5 Reform Act made to the EB-5 visa category and the Regional Center Program," whereas the fee rule "is limited to establishing and adjusting EB-5-related fees and associated funding mechanisms."

The fee rule also mentions a separate proposed biometrics rule (90 FR 49062), which would change how biometrics are collected and used for all benefit requests. That too is a proposal. Do not treat either as law.

Other EB-5 amounts sit in other places. USCIS premium processing for EB-5 filings, if it is available for a given form, is set in 8 CFR 106.4 and is not changed by this rule, which says it "does not make premium processing fee changes." Attorney fees, escrow and administrative fees charged by a regional center or its promoters are set by contract, not by regulation; the rule's own analysis notes that "it cannot be ruled out that regional centers pass the Integrity Fund fees onto the investors."

Where EB-5 fee steps go wrong, from the rules

Sending a payment based on an outdated table. The CFR, older articles and the new rule give three different sets of numbers. The USCIS fee schedule and form instructions control on the day of filing.
Misreading the postmark rule. The new fees apply to requests "postmarked on or after" 30 November 2026. A request with the wrong fee is rejected, which can cost a filing date.
Treating the Technology Fee as an extra. The $75 is described as included in the I-526 and initial I-526E fees.
Missing the I-829 window. The statute sets the 90 days before the second anniversary of conditional residence, and spouses and children not on the investor's petition must file their own.
Assuming a regional center's costs are covered by the filing fees. Annual Integrity Fund fees, penalties and the risk of termination sit with the center, and the investor's position depends on the facts.
Relying on promoters' summaries of eligibility. A promoter is a seller, not a legal adviser, and the Form I-956K description names migration agents among promoters.
Letting a non-lawyer fill in the forms. Only the people listed in 8 CFR 292.1 may represent an investor before USCIS.

Finding a licensed attorney or accredited representative

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See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

How much will the EB-5 I-526 cost from 30 November 2026?

The final rule (91 FR 61940) sets $7,615 for Form I-526 (standalone investor), $7,850 for an initial Form I-526E (regional center investor) and $7,775 for I-526E amendments. Each of the first two includes a $75 technology fee. A separate $1,100 amount applies to petitions under INA 203(b)(5)(E) "in addition to any other fees." Confirm on the USCIS fee schedule (G-1055) before paying.

What is the new I-829 fee?

$5,000, for requests postmarked on or after 30 November 2026 (new 8 CFR 106.2(d)(4)). The CFR text in force on 1 October 2026 still prints $9,525, but DHS says USCIS is currently collecting the fees in effect before 1 April 2024 because of a court order.

Why does 8 CFR 106.2 show higher EB-5 fees than USCIS charges?

A federal court in Colorado stayed certain EB-5 fees in Moody v. Noem on 12 November 2025. DHS says that DHS and USCIS "believe the Court's decision is incorrect but have implemented it," and that USCIS "reverted to accepting the EB-5 fees that were in effect until March 31, 2024."

What does a regional center pay?

From 30 November 2026: $44,115 to file an initial Form I-956 ($9,835 for an amendment), $42,675 for Form I-956F, $2,165 for the annual statement (I-956G) and for each promoter registration (I-956K), and $65 per person on Form I-956H. Separately, the annual Integrity Fund fee is $22,000, or $11,000 if the center has 20 or fewer total investors.

Is the EB-5 regional center program permanent?

The final rule's background says the reformed program runs "through September 30, 2027" and that the rule assumes Congress will extend it. That assumption is DHS's. Whether the program continues past that date depends on Congress.

Is there a proposed rule that would change EB-5 eligibility rules?

Yes. DHS proposed a rule on 2 July 2026 (91 FR 40676) to implement the 2022 reforms and to provide for automatic revocation of certain petitions. It is proposed, not in force, and its comment period closed on 31 August 2026. Check the Federal Register for its status.

Sources

Last checked 2026-10-10.

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