The EB-5 fee rule from U.S. Citizenship and Immigration Services (USCIS) is final. On Sept. 30, 2026, the Department of Homeland Security published the final rule in the Federal Register (91 FR 61940). It adjusts fees for the EB-5 Immigrant Investor Program and codifies parts of the EB-5 Reform and Integrity Act of 2022. BAL Immigration Law summarized the update, and the new fees apply to filings postmarked on or after Nov. 30, 2026.
This EB-5 fee rule raises costs for investors who file EB-5 petitions and for the regional centers that sponsor their projects. Our team at Vega & Associates tracks every USCIS update that affects our clients. Here is what the rule changes, who it hits, and what to do before the deadline.
1. What Changed Under the EB-5 Fee Rule
2. Who Is Affected by the New Fees
3. What EB-5 Investors Should Do Now
4. How Vega & Associates Can Help
5. What This Means for Your EB-5 Case
6. Frequently Asked Questions About the EB-5 Fee Rule
What Changed Under the EB-5 Fee Rule
DHS finalized a rule that adjusts fees across the EB-5 Immigrant Investor Program. The rule also codifies related USCIS procedures for the EB-5 process. These changes take effect Nov. 30, 2026. Any petition postmarked on or after that date must include the new fees.
The biggest jumps hit investors directly. The Form I-526E regional center investor petition rises from $3,675 to $7,850, and the standalone Form I-526 rises from $3,675 to $7,615. The Form I-829 petition to remove conditions rises from $3,750 to $5,000. The EB-5 Integrity Fund fee paid with each investor petition goes from $1,000 to $1,100. Regional centers pay far more too: the Form I-956 designation fee rises from $17,795 to $44,115. You can review the full EB-5 program details on USCIS.gov for the official program rules.
New Fees Begin Nov. 30, 2026
USCIS will apply the new EB-5 fee rule to petitions postmarked on or after Nov. 30, 2026. Petitions postmarked before that date use the current fee schedule, even if USCIS receives them later. That gives investors a short window to file under today’s costs. After the deadline, every new EB-5 filing follows the updated rule.
DHS Codifies EB-5 Procedures
Beyond the fee change, DHS also codified procedures tied to the EB-5 program. This step formalizes how USCIS handles parts of the EB-5 process going forward. Two changes stand out. The rule creates Form I-527, which lets investors who filed before the 2022 Reform Act amend their petition if their regional center is terminated or their project is debarred, for a $10,330 fee. It also addresses how dependents file Form I-829 when they are not included on the principal investor’s petition.
Key Takeaway: The EB-5 fee rule is final and takes effect Nov. 30, 2026. It raises costs for EB-5 petitions and adds new DHS procedures. Petitions postmarked before the deadline keep the current fee schedule. From Nov. 30, every new filing follows the updated EB-5 fee rule, with the Form I-526E fee more than doubling to $7,850.
Who Is Affected by the New EB-5 Fees
This EB-5 fee rule touches more than one group. EB-5 investors who plan to file after Nov. 30 will pay the new costs. Their immigration attorneys must also plan around the updated fee schedule when they prepare petitions.
Regional centers and EB-5 project sponsors should expect questions from investors about timing. Our Houston immigration attorney team at Vega & Associates can answer these questions.
EB-5 Investors Filing I-526E Petitions
Investors whose Form I-526E is postmarked on or after Nov. 30 will pay $7,850 instead of $3,675. Filing earlier avoids the new costs. Investors who already filed before the deadline keep the fee they paid at filing.
Immigration Attorneys and Their Clients
Attorneys who prepare EB-5 petitions must factor the new fee rule into client budgets. They also need to track filing dates closely. A petition that misses the Nov. 30 cutoff falls under the higher EB-5 fee schedule, even by one day.
What EB-5 Investors Should Do Now
Clients pursuing an EB-5 investment should act before Nov. 30, 2026, if they can. Filing ahead of the deadline locks in the current fee schedule. Investors who cannot file in time should budget for the higher costs, as listed in the final rule on the Federal Register. For the adjustment of status side of the journey, see our green card application fees in 2026 breakdown.
Gather your documents early. Source of funds evidence, business plans, and investment records take time to prepare, and EB-5 petitions move slower when evidence is incomplete.
File Before Nov. 30, 2026
If your EB-5 case is close to ready, talk with your attorney about filing now. A petition filed before the deadline avoids the new fee rule entirely. Waiting even a few weeks could mean paying more for the same EB-5 petition.
Budget for Higher EB-5 Costs After the Deadline
If you cannot file before Nov. 30, start budgeting for the new fee rule now. Build the higher cost into your investment plan early. That way, the EB-5 fee rule will not catch your case off guard later.
Pro Tip: Pro tip: start your source of funds documents now, even if your filing date is months away. USCIS reviews this evidence closely, and the EB-5 fee rule does not change that standard. Early prep means your petition is ready the moment your attorney says file.
How Vega & Associates Can Help With Your EB-5 Case
Vega & Associates helps EB-5 investors prepare strong petitions before costs change. Our EB-5 investor visa services cover document review, timeline planning, and petition prep. We also walk clients through exactly how the EB-5 fee rule applies to their case.
We do not control USCIS deadlines, but we do control how ready your petition is. That preparation matters more once the EB-5 fee rule takes effect.
Experienced EB-5 Petition Support
Our team has guided many immigration clients through complex USCIS filings. We know how small errors delay a case, and we check every detail before your EB-5 petition goes out the door.
Clear Guidance on Timing and Costs
We explain the EB-5 fee rule in plain terms, not legal jargon. You will know exactly what your case costs and when your filing window closes under the new schedule.
Common Mistake to Avoid: A common mistake is waiting until late November to start paperwork. Source of funds evidence alone can take weeks to gather. Investors who wait risk missing the Nov. 30 cutoff and paying under the new EB-5 fee rule by accident, not by choice.
What This Fee Change Means for Your EB-5 Case
The EB-5 fee rule does not change the required investment amount. It changes what you pay USCIS to file and process your case. The rule sets fees, not processing times, so check the USCIS processing times tool for current estimates.
What we do know is the deadline. File before Nov. 30, 2026, and your EB-5 petition uses today’s fees. File after, and the new EB-5 fee rule applies, based on the postmark date.
Your Investment Amount Stays the Same
The EB-5 fee rule affects filing costs, not the investment threshold. Investors still need to invest $1,050,000, or $800,000 in a targeted employment area or infrastructure project, under the EB-5 program rules.
Track Your Case Results
Every EB-5 case is different. Review our immigration case results to see how we have guided past clients through complex USCIS filings.
What This Means for You: For most readers, this means one thing: timing now matters more. If your EB-5 case is close to ready, filing before Nov. 30 saves money under the current schedule. If it is not ready, start budgeting for the new EB-5 fee rule today. Either way, Vega & Associates can help you plan the next step with a clear, accurate picture of your costs.
The EB-5 fee rule is final, and it takes effect Nov. 30, 2026. It raises costs for EB-5 petitions and adds new DHS procedures to the program. Petitions postmarked before the deadline keep today’s fee schedule, while those postmarked on or after Nov. 30 pay the updated EB-5 fee rule.
If you are weighing an EB-5 investment, do not wait to make a plan. Contact our immigration attorney team at Vega & Associates to map out your timeline before the Nov. 30 deadline arrives. This article is general information, not legal advice. Talk to an immigration attorney about your own situation.
Client Insight from Selina Zarate, Google Review: Adan and associates were extremely efficient and knowledgeable throughout my immigration process. Everybody in their office from top to bottom treated me with patience and care. I felt well represented at all times. Can’t thank them enough.
Key Takeaway: The EB-5 fee rule takes effect Nov. 30, 2026, and raises the cost of filing an EB-5 petition. Investors who file before that date keep current fees. Vega & Associates helps clients prepare EB-5 petitions early so they can file with confidence before the deadline.
Frequently Asked Questions
What is the EB-5 fee rule?
The EB-5 fee rule is a final USCIS rule that raises fees for the EB-5 Immigrant Investor Program. It also codifies related DHS procedures. The EB-5 fee rule takes effect Nov. 30, 2026, so petitions postmarked on or after that date follow the new schedule. The main investor fee, Form I-526E, rises from $3,675 to $7,850.
When does the EB-5 fee rule take effect?
The EB-5 fee rule takes effect Nov. 30, 2026. Any EB-5 petition postmarked before that date uses today’s fee schedule. Petitions postmarked on or after Nov. 30 fall under the new, higher EB-5 fee rule.
Who does the EB-5 fee rule affect?
The EB-5 fee rule affects EB-5 investors and the immigration attorneys who file their petitions. Anyone filing Form I-526E after Nov. 30, 2026, pays the new fee schedule. Regional centers and EB-5 project sponsors should prepare clients for the change too.
Does the EB-5 fee rule change the investment amount?
No. The EB-5 fee rule changes filing costs, not the required investment amount. EB-5 investors still must meet the same investment threshold set by the program. Only the fees paid to USCIS during the EB-5 filing process increase under this rule.
How can I prepare for the EB-5 fee rule deadline?
Start gathering your EB-5 documents now, including source of funds evidence. Talk with your attorney about filing before Nov. 30, 2026, to avoid the new EB-5 fee rule. Vega & Associates can help you build a timeline that fits your case.
Step-by-Step Process
10 Steps Before the EB-5 Fee Rule Deadline
1. Review your EB-5 case status with your attorney today.
2. Gather source of funds documents for your EB-5 petition.
3. Confirm your investment meets current EB-5 program requirements.
4. Draft or update your EB-5 business plan now.
5. Ask your attorney about filing before Nov. 30, 2026.
6. File Form I-526E before the EB-5 fee rule deadline.
7. Keep copies of every document submitted with your petition.
8. Track your EB-5 case through the USCIS portal.
9. Budget for higher costs if you file after Nov. 30.
10. Contact Vega & Associates for help with your EB-5 timeline.
Quick Reference: What Is the EB-5 Fee Rule?
The EB-5 fee rule is a USCIS rule change. It raises the cost of filing EB-5 petitions, with the Form I-526E fee going from $3,675 to $7,850. The rule also sets new DHS procedures for the EB-5 program. It takes effect Nov. 30, 2026. The rule does not change how much you must invest. It only changes what you pay to file.
Additional Resources
Wondering how long your case will take? Our guide on green card processing times walks through typical USCIS timelines for investors and families alike.
Curious why USCIS cases move at different speeds? Read understanding USCIS case processing to learn what affects your wait time after filing.
Once your EB-5 petition leads to a green card, new questions come up. Our immigration resources library covers topics beyond this single rule change.
USCIS fees are moving in other categories as well. Read how senators pushed back on proposed naturalization fee hikes for the citizenship side.
Reviewed by Adan Vega, Board-Certified Immigration Attorney, Founding Partner · Updated
About the author
Board-Certified Immigration Attorney, Founding Partner · Texas Board-Certified Specialist in Immigration and Nationality Law — Texas Board of Legal Specialization (1985); Admitted, U.S. Supreme Court (2004); Admitted, U.S. Court of Appeals for the Fifth Circuit (1980); J.D., The University of Texas at Austin School of Law (1979); B.A., Rice University (1976); Member, American Immigration Lawyers Association (AILA) (1982); Texas Super Lawyers — Thomson Reuters (2004); Special Service Award — Migration and Refugee Services, United States Catholic Conference
Adan G. Vega is a Board-Certified Immigration Attorney and the founding partner of Vega & Associates, PLLC in Houston, Texas. He has practiced immigration and nationality law exclusively for more than 45 years, making him one of the longest-serving immigration attorneys in Houston. He earned a B.A. from Rice University in 1976 and a J.D. from the University of Texas at Austin School of Law in 1979. In 1985 the Texas Board of Legal Specialization awarded him a Certificate of Special Competence in Immigration and Nationality Law, authorizing the title Board Certified Specialist. He is admitted to practice before the Texas state courts, the EOIR Immigration Courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court, and has presented oral argument in the Fifth Circuit on three occasions, including one published opinion.
On August 23, 1988, Vega testified before the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Immigration, Refugees and International Law, on the effects of the Immigration Reform and Control Act of 1986. He has served as immigration legal counsel to foreign governments in the United States, including the governments of Mexico and El Salvador, and to multinational companies on employment-based immigration.
A member of the American Immigration Lawyers Association since 1982, he co-chaired the AILA Texas Chapter Conference in 1997, 1998, 1999 and 2004, and has lectured on immigration law at AILA conferences and at the University of Texas. He authored the Guide of United States History and Government in 1989. The Migration and Refugee Services of the United States Catholic Conference presented him with a special service award for outstanding commitment and dedicated service to newcomers.
Vega was a founder and initial director of the Houston Hispanic Chamber of Commerce in 1984, served as President of Consejo Hispano from 1987 to 1988, and has served as special immigration legal counsel, board director, vice president and president of the Cámara de Empresarios Latinos de Houston. He has provided pro bono immigration services to Texas's indigent community throughout his career. He has been recognized as a Top Texas Lawyer by Super Lawyers (Thomson Reuters) since 2004. He represents individuals, families and businesses before USCIS, the Immigration Courts, the Board of Immigration Appeals and the Fifth Circuit Court of Appeals, and is bilingual in English and Spanish.
