The Department of Homeland Security today (September 30) published a 46-page final rule in the Federal Register that overhauls the fee schedule for the EB-5 immigrant-investor program and formally incorporates provisions of the 2022 EB-5 Reform and Integrity Act. The new fees, effective November 30 2026, will boost the standard Form I-526E petition cost from $3,675 to $11,160—a 204 % increase—while introducing a $1,000 annual integrity fee for each designated regional center. USCIS says the hikes are necessary to fund fraud investigations, site visits and audit teams after years of chronic under-resourcing. The agency projects the changes will raise an additional $226 million annually. Critics in the private-sector EB-5 industry argue the steep jump will price out smaller investors and could redirect foreign capital to competing residency-by-investment programs in Canada and Portugal. For corporate mobility and global real-estate developers that rely on EB-5 financing to fund hotels, logistics hubs and mixed-use projects, the rule adds urgency to file under the current fee schedule before the November 30 deadline. Legal counsel should also note new documentary requirements: business plans must disclose third-party promoters, and regional centers must maintain audited financial statements available for DHS review. The rule clarifies that investors who file before November 30 will be ‘grandfathered’ under existing fees even if USCIS adjudication stretches into 2027. However, investors whose petitions are rejected for incompleteness will have to re-file at the higher rate. Companies that include EB-5 as part of talent-retention packages—especially in Silicon Valley and the biotech corridor—should reassess cost projections and communicate the timeline clearly to prospective foreign employees.
Source: Federal Register
