As of October 21, 2026, the EB-5 fee increase is final but not yet in force: investors still pay $3,675 for Form I-526 or I-526E and $3,750 for Form I-829 (USCIS, Form G-1055 Fee Schedule, edition 10/16/26). For anything postmarked on or after November 30, 2026, a new fee schedule applies, published by the Department of Homeland Security as a final rule on September 30, 2026 at 91 FR 61940 (91 FR 61940). The regional center investor petition more than doubles to $7,850, and the Integrity Fund fee paid with it rises to $1,100 (91 FR 61941; 8 CFR 106.2(d) as amended, 91 FR 61984).
- The final EB-5 fee rule is 91 FR 61940, Federal Register document 2026-20016, published September 30, 2026.
- New EB-5 fees apply to any filing postmarked on or after November 30, 2026.
- Form I-526E (regional center investor) rises from $3,675 to $7,850 for an initial filing.
- The Integrity Fund fee paid with an initial Form I-526E rises from $1,000 to $1,100.
- Form I-829 (removal of conditions) rises from $3,750 to $5,000.
- New Form I-527, Amendment to Legacy Form I-526, carries a $10,330 fee.
- Today's lower fees exist because a federal court stayed the April 2024 EB-5 fees on November 12, 2025.
When does the EB-5 fee increase take effect?
The rule is effective November 30, 2026, and the trigger is the postmark on your filing (91 FR 61940). The Dates section of the rule reads:
"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." 91 FR 61940 (Sept. 30, 2026), DATES
USCIS announced the change in a news alert dated September 29, 2026, saying the new fees are designed to fully recover the cost of running the EB-5 program and to support integrity work such as audits and site visits (USCIS news alert, Sept. 29, 2026). The rule finalizes a proposed rule published on October 23, 2025 (91 FR 61940).
What are the new EB-5 fees?
The table below compares the fees USCIS lists today with the fees written into the amended regulation, 8 CFR 106.2(d).
| Form or fee | Fee today | Fee from Nov 30, 2026 |
|---|---|---|
| I-526, standalone investor | $3,675 | $7,615 |
| I-526E, regional center investor (initial) | $3,675 | $7,850 |
| I-526E amendment | $3,675 | $7,775 |
| Integrity Fund fee with initial I-526E | $1,000 | $1,100 |
| I-527, Amendment to Legacy Form I-526 | No such form | $10,330 |
| I-829, removal of conditions | $3,750 | $5,000 |
| I-956, regional center designation (initial) | $17,795 | $44,115 |
| I-956 amendment | $17,795 | $9,835 |
| I-956F, investment in a commercial enterprise | $17,795 | $42,675 |
| I-956G, regional center annual statement | $3,035 | $2,165 |
| I-956H, bona fides of persons involved | $0 | $65 |
| I-956K, promoter registration | $0 | $2,165 |
| Regional center annual Integrity Fund fee | $20,000 or $10,000 | $22,000 or $11,000 |
Today's fees come from the USCIS fee schedule, Form G-1055, edition 10/16/26 (USCIS, Form G-1055). The new fees come from the amended 8 CFR 106.2(d) printed at the end of the rule (91 FR 61984 to 61985). The lower regional center annual fee applies to centers with 20 or fewer total investors (91 FR 61985).
The I-526 and initial I-526E fees each include a $75 EB-5 technology fee, which is not charged on an I-526E amendment (91 FR 61984). DHS had proposed a $95 technology fee and recalculated it to $75 using newer data (91 FR 61952).
Put together, a regional center investor filing an initial I-526E today pays $4,675 to USCIS ($3,675 plus the $1,000 Integrity Fund fee) (USCIS, Form G-1055). From November 30, 2026, the same filing costs $8,950 ($7,850 plus $1,100) (91 FR 61984). Not every fee goes up: the I-956 amendment and the I-956G annual statement both fall.
Why are EB-5 fees so low right now?
The current fees are older than they look. On November 12, 2025, the U.S. District Court for the District of Colorado stayed certain EB-5 fees that DHS had set in its 2024 fee rule, which took effect April 1, 2024, in a case called Moody v. Noem (USCIS, Court Order on Partial Stay of DHS 2024 USCIS Fee Rule). The court concluded that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 fees in that general fee rule (91 FR 61944). The rule describes what USCIS did next:
"As of November 12, 2025, USCIS reverted to accepting the EB–5 fees that were in effect until March 31, 2024." 91 FR 61944 (Sept. 30, 2026)
Under the stayed 2024 schedule, Forms I-526 and I-526E cost $11,160, Form I-829 cost $9,525, and Forms I-956 and I-956F cost $47,695 (USCIS, Court Order on Partial Stay). So the new I-526 and I-526E fees are roughly double what investors pay today, but well below the 2024 amounts. The rule also notes that the EB-5 fees still printed in 8 CFR 106.2 reflect the 2024 rule and do not match what USCIS currently collects (91 FR 61941).
Investors who paid the higher 2024 fees should not expect the final rule to fix that. In response to a comment asking for refunds, DHS wrote that USCIS is not required to refund investors who paid the fees effective April 1, 2024, and took no action (91 FR 61956).
Why did DHS raise EB-5 fees?
According to USCIS, the EB-5 Reform and Integrity Act of 2022 directed it to conduct a program-specific fee study and set EB-5 fees at a level that recovers the full cost of administering the program, and the law also set processing time goals (USCIS news alert, Sept. 29, 2026). The rule says DHS is setting these fees under section 106 of that Act to recover the full costs of the EB-5 program and seek to attain those goals (91 FR 61940). DHS projects EB-5 program costs of about $105 million against about $56.6 million in revenue at current fees, a gap of roughly $48.4 million (91 FR 61941). It estimates the new schedule will affect about 16,600 EB-5 filings a year and raise form fees by about 70.7 percent on a weighted average, or about $2,945.90 (91 FR 61943).
The Integrity Fund increases are an inflation adjustment of 10 percent, based on consumer price data from 2022 to 2025 (91 FR 61941).
What is the new Form I-527?
Form I-527 is new. The amended regulation describes who files it:
"For investors who filed their petitions before the EB–5 Reform Act was enacted 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." 8 CFR 106.2(d)(3), as amended at 91 FR 61984
DHS had proposed an $8,000 fee for the I-527 and set it at $10,330 in the final rule, declining commenters' requests for a fee waiver or a reduced fee (91 FR 61956 to 61957). According to the rule, as of July 20, 2026, about 10 percent of investors who responded to the first set of USCIS notices explaining their options to retain eligibility said they wanted to amend their petitions (91 FR 61956).
What else changes for conditional residents filing Form I-829?
Besides the fee, the rule revises 8 CFR 216.6. An investor may include their spouse and children on the petition to remove conditions, but if they are not included, the spouse and each child must file their own petition, unless the investor has died (91 FR 61985). The revised text also lets an investor include a child who turned 21 or married, and a former spouse divorced during conditional residence (91 FR 61985). Whether one combined petition or separate petitions makes sense for your family is a question for your attorney.
What is final, and what is still open?
| Item | Document | Status on October 21, 2026 |
|---|---|---|
| New EB-5 fee schedule | Final rule, 91 FR 61940 | Final; applies to filings postmarked on or after Nov 30, 2026 |
| Fees in effect until March 31, 2024 | USCIS stay notice; Form G-1055 | What USCIS charges until the new fees apply |
| 2024 EB-5 fees | 89 FR 6194; Moody v. Noem (D. Colo.) | Stayed by court order since Nov 12, 2025 |
| EB-5 integrity and automatic revocation rule | Proposed rule, 91 FR 40676 (July 2, 2026) | Proposed only; separate from the fee rule |
| Regional center program authorization | EB-5 Reform and Integrity Act of 2022 | Runs through September 30, 2027 |
The stay and current-fee rows rest on the USCIS stay notice and fee schedule (USCIS, Court Order on Partial Stay) (USCIS, Form G-1055). The proposed integrity rule and the September 30, 2027 sunset date are described in the final rule, which assumes Congress will extend the regional center program (91 FR 61940 and 61945). The investment amounts themselves are not changed by this rule: $1,050,000, or $800,000 in a targeted employment area or infrastructure project (91 FR 61943).
What this means for you
If your EB-5 petition is ready, the cost difference between filing before and after November 30 is real: $4,275 more in USCIS fees for an initial I-526E, by the numbers above. If your investment, source-of-funds documentation or project paperwork is not ready, rushing to beat the deadline is rarely worth a weak filing. The fee is the smaller number in an EB-5 case.
Waiting for a visa number after approval is a separate issue that this rule does not touch. Our explainer on country of chargeability covers why investors born in India or mainland China face different queues. If you are comparing EB-5 with routes that do not require an investment, see a green card without an employer sponsor.
- Confirm which form applies (I-526 standalone or I-526E regional center) and whether it is an initial filing or an amendment.
- Check the fee against the current Form G-1055 edition on the day you file, and again if you file on or after November 30.
- For an initial I-526E, budget for the separate Integrity Fund fee as well as the form fee.
- Do not plan around the last days of November; the postmark date decides which fee applies.
- Keep the USCIS receipt notice and proof of mailing with your records.
- If you hold conditional residence, ask your attorney whether everyone in the family will be on one I-829.
Where to start
If you are weighing EB-5 against a petition based on your own record, our free evaluation at /evaluate/ compares your background with the EB-1A, EB-2 NIW and O-1 criteria. Frank, our AI assistant at /frank, looks for real opportunities that fill the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, 91 FR 61940, FR Doc. 2026-20016 (Sept. 30, 2026). Effective date, postmark rule, new fees in 8 CFR 106.2(d), Form I-527, Integrity Fund adjustment, Moody v. Noem background, cost figures, 8 CFR 216.6 changes.
- USCIS, USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures (Sept. 29, 2026). USCIS announcement, stated purpose of the new fees and the Reform Act's fee study direction.
- USCIS, Court Order on Partial Stay of DHS 2024 USCIS Fee Rule (last updated Nov. 18, 2025). The November 12, 2025 stay, current fees and the stayed 2024 amounts.
- USCIS, Form G-1055, Fee Schedule (edition 10/16/26). Fees USCIS charges today for EB-5 forms and the Integrity Fund.
Frequently asked questions
When does the EB-5 fee increase take effect?
The EB-5 fee increase takes effect on November 30, 2026. Under the final rule published at 91 FR 61940 on September 30, 2026, any EB-5 application, petition or request postmarked on or after November 30, 2026 must include the new fees. The dividing line is the postmark date of your filing, not the date USCIS receives or decides your case, so the timing of mailing matters.
How much is the new Form I-526E fee?
From November 30, 2026, an initial Form I-526E, Immigrant Petition by Regional Center Investor, costs $7,850, which includes a $75 EB-5 technology fee. Regional center investors also pay a separate $1,100 Integrity Fund fee with an initial petition, up from $1,000. Until then, the form fee is $3,675 plus the $1,000 Integrity Fund fee, according to the USCIS fee schedule, Form G-1055.
Does the I-829 fee go up too?
Yes. The fee for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, rises from $3,750 to $5,000 for filings postmarked on or after November 30, 2026. The final rule also revises 8 CFR 216.6 so that a spouse or child who is not included on the investor's I-829 must file their own petition to remove conditions, unless the investor has died.
Why are EB-5 fees lower now than they were in 2024?
On November 12, 2025, the U.S. District Court for the District of Colorado stayed certain EB-5 fees that took effect April 1, 2024 in Moody v. Noem. USCIS then went back to the fees in effect until March 31, 2024, such as $3,675 for Form I-526E instead of $11,160. The new final rule replaces those older fees from November 30, 2026.
What is Form I-527 and who needs it?
Form I-527, Amendment to Legacy Form I-526, is a new form created by the final EB-5 fee rule. It is for investors who filed before the EB-5 Reform and Integrity Act of 2022 was enacted and need to amend their petition to keep their eligibility after their regional center is terminated or their project entity is debarred. The fee is $10,330.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
