USCIS Finalizes New EB-5 Filing Fees Effective November 30, 2026: What Investors Should Know

The United States Citizenship and Immigration Services (USCIS) has published a final rule (91 FR 61940, published September 30, 2026) that adjusts the fee schedule for the EB-5 Immigrant Investor Program. The new administrative fees apply to petitions and applications postmarked on or after November 30, 2026. This article summarizes the changes that matter most to individual investors filing Form I-526E, Form I-526, and Form I-829, along with the introduction of the new Form I-527.

According to the Department of Homeland Security (DHS), the adjusted fees are intended to fully recover the cost of operating the EB-5 program, meet statutory processing-time goals, and support integrity measures such as audits and site visits under the EB-5 Reform and Integrity Act of 2022 (RIA). The rule also adjusts fees paid by regional centers for their applications, which this article does not address.

Key Figures at a Glance

The Postmark Date Rule

Which fees apply depends on the postmark date affixed to the filing. Filings postmarked on or before November 29, 2026, are processed under the current fee schedule. Filings postmarked on or after November 30, 2026, must include the new fee amounts, and USCIS will reject a filing submitted with the incorrect fee.

Calendar details matter here. November 30, 2026, is a Monday, and the Thanksgiving holiday falls on Thursday, November 26. Mail and courier services often run on modified schedules around the holiday. Anyone aiming to file under the current schedule should plan mailing logistics carefully and confirm that the postmark will precede November 30. Exact timing cannot be assured, and a later postmark means the new fees apply.

Regional Center Investors: Form I-526E

Form I-526E, the Immigrant Petition by Regional Center Investor, is the initial petition for investors in a project associated with a USCIS-designated regional center. The filing fee increases from $3,675 to $7,850, an increase of $4,175. The new amount already incorporates a $75 EB-5 technology fee, which the RIA authorizes to fund USCIS information technology improvements. Applicants do not submit a separate $75 payment.

Regional center investors also pay a separate EB-5 Integrity Fund fee with the initial I-526E. That fee increases from $1,000 to $1,100. Because it is a separate fee from the petition fee, applicants should follow the official Form I-526E instructions for how to submit each payment.

Combining the two fees yields the total upfront USCIS cost at the petition stage:

Current: $3,675 + $1,000 = $4,675

Postmarked on or after November 30, 2026: $7,850 + $1,100 = $8,950

The combined cost rises by $4,275.

Standalone Investors: Form I-526

Form I-526, the Immigrant Petition by Standalone Investor, is used by individuals who do not invest through a regional center. Its fee increases from $3,675 to $7,615, and that amount also includes the $75 technology fee. Unlike regional center investors, standalone investors do not pay the Integrity Fund fee with their petition. Therefore, their total upfront USCIS cost rises by $3,940.

Removing Conditions: Form I-829

An EB-5 investor first receives conditional permanent resident status for two years. During the 90 days before that period ends, the investor files Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, to show that the investment was sustained and the required jobs were created. Under the new schedule, the Form I-829 fee increases from $3,750 to $5,000, an increase of $1,250.

Investors often ask how the date of their initial filing affects the Form I-829 fee years later. Under the final rule, the fee for each filing depends on that filing's own postmark date. An investor who files a Form I-526E before November 30, 2026, and pays the current petition fee should therefore expect to pay the I-829 fee in effect when the I-829 is eventually filed, typically several years later. Under the schedule outlined here, that fee is $5,000. Filing an initial petition earlier does not lock in older fees for later, separate filings, and investors should account for this in their budgets.

Amendments and Legacy Petitions: Form I-527

The final rule also creates Form I-527, Amendment to Legacy Form I-526, with a filing fee of $10,330. This new form is intended for investors who filed a Form I-526 before the RIA was enacted on March 15, 2022, and who need to amend their petition after certain regional center terminations or debarments. The form allows qualifying legacy investors to retain their original priority date. Not every legacy investor will need to use it.

Separately, an amendment to a pending Form I-526E costs $7,775. This is $75 lower than the initial petition fee because the technology fee is not applied to amendments.

Concurrent Filing of Form I-485

Investors who are in the United States and otherwise eligible to adjust status may be able to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with the initial Form I-526E if a visa is immediately available. Form I-485 has its own USCIS fee, which this rule does not change, so it should be budgeted separately. Eligibility depends on individual circumstances and should be reviewed with counsel.

Administrative Fees versus Investment Thresholds

The November 30 changes concern only the administrative fees USCIS collects to process requests. They do not alter the substantive requirements of the EB-5 program. The minimum capital investment remains $800,000 for projects in a Targeted Employment Area (TEA), which may be a rural area or a high-unemployment area, as well as for qualifying infrastructure projects. For standard investments outside a TEA, the minimum remains $1,050,000.

The RIA separately provides for an inflation adjustment to these minimum investment amounts. The first such adjustment is scheduled for January 1, 2027. As of this writing, the adjusted amounts have not been announced. The EB-5 calendar therefore contains two distinct dates: the administrative fee change on November 30, 2026, and the scheduled statutory adjustment to the investment thresholds on January 1, 2027. Investors should confirm current amounts with counsel as the January date approaches.

Preparation Timelines and Lawful Source of Funds

For a complete Form I-526E petition, the difference between a November 29 postmark and a December 1 postmark is $4,275 in upfront USCIS fees (the I-526E fee plus the Integrity Fund fee). Preparation, however, takes considerable time and cannot be rushed without introducing substantial risk to the petition.

A central component of any Form I-526 or Form I-526E is documentation of the lawful source and path of the investment funds. USCIS expects unbroken evidence tracing the lawful origin of the $800,000 or $1,050,000 invested, whether the funds derived from property sales, accumulated salary, business distributions, or documented gifts. Gathering multi-year tax returns, consolidating bank statements, obtaining certified translations of foreign-language documents, and tracing international wire transfers all require substantial time.

Compressing source-of-funds work solely to meet a fee deadline may weaken a petition. The primary goal of any filing is a thorough, well-documented petition that clearly establishes eligibility under the prevailing law. Administrative fee savings, while practically meaningful, are secondary to the strength and completeness of the filing. Due diligence on potential EB-5 projects also demands adequate time before any capital is committed.

Conclusion

For EB-5 filings postmarked on or after November 30, 2026, the Form I-526E fee rises to $7,850 and the Integrity Fund fee to $1,100. The Form I-526 and I-829 fees also increase, by different amounts, and Form I-527 is introduced. Investors considering EB-5 should compare their current preparation status with the upcoming calendar dates, allow a realistic timeframe for source-of-funds documentation, and account for holiday mailing delays to avoid unintended fee rejections.

Information is current as of [10/07/2026]. Administrative fees are established by USCIS and remain subject to change; always verify against the official USCIS fee schedule before filing. Source: 91 FR 61940 (Sept. 30, 2026).

Strategic Legal Advisory Notice: This article is provided strictly for educational and informational purposes and does not constitute formal legal advice. U.S. federal immigration laws, regulations, and agency policy manuals are subject to frequent administrative updates and judicial review. Case outcomes depend entirely on individual factual circumstances. Employers and foreign national professionals should consult a qualified immigration attorney to evaluate specific eligibility and procedural options.

Chopra Law Office · U.S. Immigration Law