USCIS Proposes Rule to Reduce EB5 Filing Fees

22 Oct 2025

The U.S. Citizenship and Immigration Services will publish a proposed rule on October 23, 2025, that would significantly reduce fees for most EB5 immigrant investor program applications and petitions. The proposed fee schedule represents decreases ranging from 14 percent to 61 percent for existing EB5 forms, while maintaining a commitment by the USCIS to improve processing times. The proposed rule also clarifies procedures for derivative beneficiaries filing form I-829 petitions.

Substantial Fee Reductions Across Most Categories

Under the proposed rule, fees for initial form I-526 (Immigrant Petition by Standalone Investor) and form I-526E (Immigrant Petition by Regional Center Investor) would decrease from the current $11,160 to $9,625. Note that this fee includes a new EB5 technology fee of $95, but the total decrease still represents a 14 percent reduction. The fee for form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) would drop from $9,525 to $7,860, a 17 percent decrease.

Regional center-related fees would see even more dramatic reductions. The fee for initial form I-956 (Application for Regional Center Designation) would decrease from $47,695 to $28,895, a 39 percent reduction. Amendment filings on form I-956 would drop to $18,480, representing a 61 percent reduction from the current fee. Form I-956F (Application for Approval of an Investment in a Commercial Enterprise) would decrease to $29,935, a 37 percent reduction.

The proposed fee for form I-956G (Regional Center Annual Statement) would be reduced from $4,470 to $2,740, a 39 percent decrease.

New Fees for Previously No-Cost Filings

The proposed rule would establish fees for several EB5 filings that currently have no associated cost. Form I-956H (Bona Fides of Persons Involved with Regional Center Program) would carry a proposed fee of $55. Form I-956K (Registration for Direct and Third-Party Promoters) would have a proposed fee of $2,740.

Additionally, the USCIS proposes creating a new Form I-527 (Amendment to Legacy Form I-526) with a proposed fee of $8,000. This form would be used by investors who filed Form I-526 petitions before the EB5 Reform and Integrity Act of 2022 was enacted and who choose to amend their petitions to retain eligibility under certain provisions following regional center termination or debarment of their new commercial enterprise or job-creating entity.

Processing Time Goals

The EB5 Reform and Integrity Act of 2022 established specific processing time goals that the USCIS aims to achieve. The adjudication targets include the following:

• 120 days for form I-526E petitions based on an investment in a targeted employment area (TEA)
• 240 days for form I-526E petitions based on an investment in an area that dose not qualify as a TEA.
• 240 days for form I-829 petitions
• 180 days for form I-956 applications
• 180 days for form I-956F applications (90 days if the new commercial enterprise is located in a Targeted Employment Area)

While the statute establishes these processing time goals, the USCIS emphasizes that they are targets rather than hard deadlines, and the agency will strive to process applications as quickly and efficiently as possible while maintaining program integrity.

Clarification on Form I-829 Filings by Derivatives

The proposed rule clarifies when derivative beneficiaries (spouses and children of immigrant investors) should file separate form I-829 petitions. Under the proposal, when the principal investor is deceased, all derivatives may be included on a single Form I-829 petition. In all other cases where derivatives are not included on the investor’s Form I-829 petition, each derivative must file a separate petition. The deadline for derivatives filing separately would be the same as would have applied to the principal investor.

Technology Fee Component

As previously noted, the proposed fees for initial Forms I-526 and I-526E include a $95 technology fee. The USCIS would use this revenue to modernize the Immigrant Investor Program Office, which processes all EB5 petitions, from a paper-based filing system to an electronic process and make other technological improvements.

Public Comment Period

The proposed rule is subject to a 60-day public comment period. Stakeholders are encouraged to submit comments through the Federal eRulemaking Portal at regulations.gov. After reviewing public comments, the USCIS will publish a final rule that will take effect 60 days after publication, as required by the EB5 Reform and Integrity Act.

Conclusion

The lower fees, combined with the processing time goals established by Congress, represent a positive change for EB5 investors. Stakeholders should review the complete proposed rule and supporting documentation in the Federal Register to understand the full scope of the changes and consider submitting comments during the public comment period.

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