Client Payment Portal

5 Things to Know About the Proposed New EB-5 Filing Fee Increases

Jan 24, 2024 | Immigration Updates, Individual Services, Investor Visas

By Joey Barnett

The White House received the final rule containing new USCIS fees on Monday, January 8, 2024, and the Final Fee Rule should be published within the next few weeks. USCIS has stated that a significant increase in immigration filing fees is necessary to costs and better manage its workload. Once published in the Federal Register the increase is likely to take effect 60 days later.

Here are five things to know for EB-5 immigrant investors and Regional Centers:

  1. Why is USCIS Increasing Fees?

USCIS says current fees do not cover costs and they need an increase to avoid backlogs as 96% of its funding is from filing fees.

2. New I-526/I-526E Filing Fee May Be $11,160.

The proposed increase for Form I-526 (direct) and Form I-526E (regional center) petitions is an increase of 204% from $3,675 to $11,160. Avoid wasting $7,485 by filing in the next month or two.

3. New I-829 Filing Fee May Be  $9,525.         

The proposed increase for Form I-829 petitions in an increase of 154% from $3,750 to $9,525. Avoid wasting another $5,775 if you will be within the 90-day window to file your removal of conditions soon.

4. New I-956 Filing Fee May Be $47,695.       

The increase for Form I-956, Application for Regional Center Designation of 168%, from $17,795 to $47,695. While the proposed rule does not mention the Form I-956F, Application for Approval of an Investment in a Commercial Enterprise it appears likely that USCIS will increase those filing fees as well. To avoid a $29,900 increase file as soon as possible if seeking a new Regional Center Designation.

5. Fee Study Required by the EB-5 Reform and Integrity Act of 2022?          

DHS is gathering information to evaluate EB-5 fees to meet guidelines and processing time requirements in the EB-5 Reform and Integrity Act of 2022. The law requires a fee study no later than one year after the date of its enactment, that is by March 15, 2023.

The law requires this be done “no later than 60 days after completing the study.” Sadly these deadlines could result in further fee increase.

To schedule a consultation with a WR Immigration attorney to discuss your EB-5 goals, please schedule here!

Related Posts:

3 Things We Like, and 3 Things We Don’t Like, About USCIS’ New EB-5 Guidance

By:  Bernard Wolfsdorf and Joseph Barnett Yesterday USCIS released new guidance on the EB-5 Visa which updates the adjudication policy on issues related to Form I-526 and Form I-829 petitions.  In particular, the new guidance attempted to clarify the “at risk” requirements for Form I-526 approval and the “sustainment” requirement for Form I-829 approval.  We blogged on the specifics yesterday, and now we’ve had time to digest the changes. Here are 3 things we like, and 3 things we don’t like, about USCIS’ new guidance: Things We Like USCIS Policy Now Consistent with EB-5 Regulations. Applicable regulations indicate that a Form I-829 must be accompanied by evidence that the EB-5 investor “in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.”  USCIS has now clarified its policy to be consistent with the regulations:  “The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.” USCIS Shows Understanding of Reality of […]

Read More

Employment-Based Immigrant Visa Trends and Immigrant Visa Usage for 2022 Fiscal Year

For an in-depth look at the April Visa Bulletin, check out WR’s Chatting with Charlie: Unpacking the April Visa Bulletin on March 15, 2023 at 11 AM PST. Late February the State Department finally published the anticipated Table V to complete its 2022 Annual Report of the Visa Office. The data in Table V is key information to understand worldwide employment-based immigrant visa trends and immigrant visa usage. WR Immigration’s Chatting With Charlie Webinar will discuss the data published in more detail and what it means for Companies and their sponsored foreign national employees. Overall Employment-based immigrant visa number use equaled 97.8% of the annual limit for Fiscal Year 2022. The Fiscal Year (FY) 2022 First Preference (EB-1) and Second Preference (EB-2) Employment-based categories benefitted from overflow immigrant visa numbers. The EB-1 Worldwide initial limit was 80,511. The EB-1 Worldwide initial limit benefitted from 2,700 unused, unreserved numbers from Fifth Preference category (EB-5). This means that the Adjusted EB-1 Worldwide annual limit for FY2022 was 83,211 immigrant visas. EB-1 (initial) limit 80,511 plus 2,700 EB-5 “fall-up” (unused, unreserved numbers) equals the 83,211 “adjusted” EB-1 annual limit. Not all the EB-1 immigrant visa numbers were used. Only 54,137 EB-1 immigrant visa […]

Read More