US plans to cut EB-5 investor visa fees by up to 17%, add $95 tech charge

US DHS plans to cut EB-5 investor visa fees by up to 17% and add a $95 technology charge under new rules for foreign investors seeking US green cards

The US Department of Homeland Security plans to lower fees for foreign investors applying for the EB-5 visa. Fees for key applications could fall by up to 17 per cent, and a new $95 technology charge will be added to support online processing.

 

What is EB-5 visa

 

The EB-5 Immigrant Investor Programme offers about 10,000 visas each year to foreign nationals and their dependents who invest at least $1.05 million or $800,000 in a targeted employment area in a US business that creates at least 10 full-time jobs.

 

Targeted employment areas include rural regions, locations with high unemployment rates, and certain infrastructure projects. This investment provides a path to permanent residency (a green card) for the investor and their immediate family.

 

 

What the new rule proposes

 

The Department of Homeland Security (DHS) said it intends to adjust Employment-Based Immigration, Fifth Preference (EB-5) filing fees charged by the US Citizenship and Immigration Services (USCIS).

 

The proposed rule, reviewed by Business Standard, also introduces a new Form I-527 for investors whose Regional Center was terminated or debarred, particularly those who filed before March 2022 and are awaiting adjudication.

 

DHS outlined several proposed changes, including:

 

• Adjusting EB-5 programme fees across all investor petitions

• Introducing a USCIS EB-5 technology fee

• Codifying EB-5 Integrity Fund fees and penalties

• Establishing the new Form I-527, Amendment to Legacy Form I-526

• Clarifying how spouses and children can file separate I-829 petitions if not included in the main investor’s application

 

Proposed EB-5 fee structure

 

The following table shows the revised EB-5–related fees under the proposal:

 

I-526 Immigrant Petition by Standalone Investor (with $95 technology fee)

 

Current fee: $11,160

Proposed fee: $9,625

Change: −$1,535 (−14 per cent)

 

I-526E Immigrant Petition by Regional Center Investor (with $95 technology fee)

 

Current fee: $11,160

Proposed fee: $9,625

Change: −$1,535 (−14 per cent)

 

I-526E Immigrant Petition by Regional Center Investor — Amendment

 

Current fee: $11,160

Proposed fee: $9,530

Change: −$1,630 (−15 per cent)

 

I-527 Amendment to Legacy Form I-526

 

Current fee: $0

Proposed fee: $8,000

 

I-829 Petition by Investor to Remove Conditions on Permanent Resident Status

 

Current fee: $9,525

Proposed fee: $7,860

Change: −$1,665 (−17 per cent)

 

I-956 Application for Regional Center Designation — Initial (with termination cost)

 

Current fee: $47,695

Proposed fee: $28,895

Change: −$18,800 (−39 per cent)

 

I-956 Application for Regional Center Designation — Amendment (with termination cost)

 

Current fee: $47,695

Proposed fee: $18,480

Change: −$29,215 (−61 per cent)

 

I-956F Application for Approval of Investment in a Commercial Enterprise — Initial or Amendment (with termination cost)

 

Current fee: $47,695

Proposed fee: $29,935

Change: −$17,760 (−37 per cent)

 

I-956G Regional Center Annual Statement — Initial, Amendment, or Supplement

 

Current fee: $4,470

Proposed fee: $2,740

Change: −$1,730 (−39 per cent)

 

I-956H Bona Fides of Persons Involved with Regional Center Programme

 

Current fee: $0

Proposed fee: $55

 

I-956K Registration for Direct and Third-Party Promoters

 

Current fee: $0

Proposed fee: $2,740

 

Why the adjustment was necessary

 

The DHS noted that USCIS does not usually perform fee reviews for individual programmes. However, under the EB-5 Reform and Integrity Act, the agency must review costs specific to the EB-5 category, prompting a departure from its standard fee-setting practices.