In a Federal Register notice published October 23, 2025, the Department of Homeland Security unveiled a sweeping proposal to realign filing fees for the Employment-Based Fifth Preference (EB-5) immigrant-investor program and formally embed provisions of the EB-5 Reform and Integrity Act of 2022 into regulation. U.S. Citizenship and Immigration Services (USCIS) says the fee model—its first EB-5-specific overhaul since 2016—would better reflect actual adjudication costs while lowering the price tag for many investors.
Highlights include a reduction of Form I-526E (Immigrant Petition by Regional Center Investor) from the current US $11,160 to US $9,000, and a modest cut to Form I-829 (Petition to Remove Conditions) from US $9,525 to US $9,000. Conversely, project-related forms borne by Regional Centers and new commercial enterprises would rise sharply: Form I-956F (Application for Project Approval) would jump from US $17,795 to US $25,000, reflecting more robust site-visit and compliance reviews now required under the Integrity Act. DHS projects the changes will generate an additional US $58 million annually, earmarked for fraud-detection staff and a digital case-management platform.
For investors, lower petition fees partially offset the May 2025 statutory increase in minimum capital—from US $800,000 to US $900,000 in targeted employment areas and from US $1,050,000 to US $1,200,000 elsewhere. Immigration attorneys anticipate that reduced government costs could spur new demand, especially from China and Vietnam, where investor interest rebounded after retrogression eased in this year’s Visa Bulletin.
The proposal also codifies long-awaited Integrity Act mandates: annual Regional Center audits, mandatory fund-administrator controls, and stricter source-of-funds tracing. Regional Centers must establish escrow accounts at U.S. financial institutions and certify third-party marketer compliance. Non-compliant centers face termination and a 10-year bar. Industry groups broadly support the transparency measures but warn that higher project fees could deter rural and infrastructure investments unless Congress renews set-aside visa allocations.
USCIS will accept public comments until December 22, 2025, with a final rule expected mid-2026. Companies planning to raise EB-5 capital or transfer foreign executives via concurrent adjustment should map out timelines now; fee differentials will apply based on the petition filing date, so a strategic December submission could yield thousands in savings.
Highlights include a reduction of Form I-526E (Immigrant Petition by Regional Center Investor) from the current US $11,160 to US $9,000, and a modest cut to Form I-829 (Petition to Remove Conditions) from US $9,525 to US $9,000. Conversely, project-related forms borne by Regional Centers and new commercial enterprises would rise sharply: Form I-956F (Application for Project Approval) would jump from US $17,795 to US $25,000, reflecting more robust site-visit and compliance reviews now required under the Integrity Act. DHS projects the changes will generate an additional US $58 million annually, earmarked for fraud-detection staff and a digital case-management platform.
For investors, lower petition fees partially offset the May 2025 statutory increase in minimum capital—from US $800,000 to US $900,000 in targeted employment areas and from US $1,050,000 to US $1,200,000 elsewhere. Immigration attorneys anticipate that reduced government costs could spur new demand, especially from China and Vietnam, where investor interest rebounded after retrogression eased in this year’s Visa Bulletin.
The proposal also codifies long-awaited Integrity Act mandates: annual Regional Center audits, mandatory fund-administrator controls, and stricter source-of-funds tracing. Regional Centers must establish escrow accounts at U.S. financial institutions and certify third-party marketer compliance. Non-compliant centers face termination and a 10-year bar. Industry groups broadly support the transparency measures but warn that higher project fees could deter rural and infrastructure investments unless Congress renews set-aside visa allocations.
USCIS will accept public comments until December 22, 2025, with a final rule expected mid-2026. Companies planning to raise EB-5 capital or transfer foreign executives via concurrent adjustment should map out timelines now; fee differentials will apply based on the petition filing date, so a strategic December submission could yield thousands in savings.
