On October 28 the Department of Homeland Security released a notice of proposed rule-making that would overhaul the fee schedule for the EB-5 Immigrant Investor Program. The filing fee for Form I-526 (stand-alone investors) and Form I-526E (regional-center investors) would drop 14 % to $9,625, but each petition would now carry a $95 technology surcharge. Regional centers would see their Form I-956 application fee fall from $47,695 to $28,895, yet they face continuing annual “Integrity Fund” payments of up to $20,000 and new late-payment penalties of up to 20 %.
The changes aim to align fees with true adjudication costs and fund fraud-prevention measures mandated by the EB-5 Reform and Integrity Act of 2022. DHS estimates the average filing will be $2,259 cheaper, but warns that compliance costs for regional centers could rise due to expanded reporting duties.
For project sponsors, lower form fees may improve deal economics and attract more investors—particularly from price-sensitive markets such as India and Vietnam. However, the new $1,000-per-investor Integrity Fund levy could erode those savings, and late-payment penalties could jeopardize regional-center designations.
Corporate mobility programs rarely rely on EB-5, yet executives may view the investor visa as a fallback pathway to retain key global talent. If finalized, the fee cuts could make that option more accessible, though public comments remain open for 60 days and the final rule could shift.
Attorneys should start revising cost estimates in client brochures and monitor potential retroactive application of the technology fee. DHS has signaled it may implement the new structure within 60 days of publication of the final rule, giving stakeholders a narrow window to file under current fees.
The changes aim to align fees with true adjudication costs and fund fraud-prevention measures mandated by the EB-5 Reform and Integrity Act of 2022. DHS estimates the average filing will be $2,259 cheaper, but warns that compliance costs for regional centers could rise due to expanded reporting duties.
For project sponsors, lower form fees may improve deal economics and attract more investors—particularly from price-sensitive markets such as India and Vietnam. However, the new $1,000-per-investor Integrity Fund levy could erode those savings, and late-payment penalties could jeopardize regional-center designations.
Corporate mobility programs rarely rely on EB-5, yet executives may view the investor visa as a fallback pathway to retain key global talent. If finalized, the fee cuts could make that option more accessible, though public comments remain open for 60 days and the final rule could shift.
Attorneys should start revising cost estimates in client brochures and monitor potential retroactive application of the technology fee. DHS has signaled it may implement the new structure within 60 days of publication of the final rule, giving stakeholders a narrow window to file under current fees.
Quelle: The Economic Times
