1. Overview
The U.S. Department of Homeland Security (DHS) has proposed a significant revision to the fee structure applicable to EB-5 investors and regional centers. The proposal would reduce most filing fees charged by U.S. Citizenship and Immigration Services (USCIS), introduce several new petition types and fees, and realign overall costs with current operational and processing needs under the EB-5 Reform and Integrity Act of 2022 (RIA).
The proposed rule will be published in the Federal Register on October 23, 2025, and will be open for public comment for 60 days.
2. DHS Rationale and Objectives
According to DHS, the new rule is designed to:
• Align EB-5 fees with actual administrative and processing costs identified through the RIA-mandated EB-5 fee study;
• Achieve processing time goals established under the RIA; and
• Modernize technology systems supporting the EB-5 petition lifecycle.
DHS emphasizes that reduced fees will not compromise program integrity or funding, but rather streamline operations and enhance IT infrastructure.
3. Key Proposed Fee Changes
A. EB-5 Investor Filings
Form Purpose Current Fee Proposed Fee Change Notes
- I-526 / I-526E Immigrant Petition by Standalone or Regional Center Investor $11,160 $9,530 (+$95 Tech Fee) ↓14% New $95 EB-5 Technology Fee added
- EB-5 Integrity Fund Fee Annual fee for investors $1,000 $1,085 ↑$85 Funds compliance and monitoring
- I-527 (New) Amendment for pre-RIA investors (filed before Mar. 15, 2022) New $8,000 — Enables amendment for “good-faith” investors
- I-829 Petition to Remove Conditions on Permanent Residence $9,525 $7,860 ↓14% Biometric costs included
B. Regional Center Filings
Form Purpose Current Fee Proposed Fee Change
- I-956 Application for Regional Center Designation $47,695 $28,895 ↓39%
- I-956 Amendment Amend Regional Center $47,695 $18,480 ↓61%
- I-956F Approval of Investment in a Commercial Enterprise $47,695 $29,935 ↓37%
- I-956G Annual Statement $4,470 $2,740 ↓39%
- I-956H (New) Bona Fides of Persons Involved New $55
- I-956K (New) Registration for Direct/Third-Party Promoters New $2,740
- Integrity Fund Fee (≤20 investors) Annual fee $10,000 $10,825 ↑8%
- Integrity Fund Fee (>20 investors) Annual fee $20,000 $21,650 ↑8%
DHS also proposes increased penalties for late submissions by regional centers to ensure timely fee payment compliance.
4. Expected Impact
• Scope: Approximately 11,260 annual EB-5 filings could be affected.
• Processing Efficiency: DHS anticipates the rule will reduce backlogs and help meet RIA adjudication benchmarks.
• Technology Modernization: The newly introduced Technology Fee will fund improvements in digital systems for tracking and adjudicating petitions.
• Financial Balance: DHS maintains that reduced fees will still ensure adequate program funding.
5. Action Items
• Public Comment Period: Opens October 23, 2025, and closes December 22, 2025.
• Final Rule: DHS will review stakeholder comments, finalize the fee study, and issue a final rule effective 60 days after publication.
• Stakeholder Action: Investors, regional centers, and practitioners should:
• Review proposed fee adjustments and new form requirements;
• Prepare to submit comments during the Federal Register comment period;
• Monitor for potential litigation or further regulatory clarification.
6. Key issues
• Substantial fee reductions proposed for EB-5 filings, particularly Forms I-526, I-829, I-956, and I-956F.
• Introduction of new forms (I-527, I-956H, I-956K) and a Technology Fee.
• Alignment with RIA mandates and emphasis on efficiency and transparency.
• Public comment window: October 23–December 22, 2025.
Disclaimer: This bulletin is for informational purposes only and does not constitute legal advice. Stakeholders should consult qualified immigration counsel for specific guidance regarding the DHS proposed rule and its potential impact on ongoing or planned EB-5 petitions.
Subscribe to the WR Immigration Newsletters
