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Currently, the government filing fee for an EB-5 application (Form I-526E, Immigrant Petition by a Regional Center Investor and Form I-526, Immigrant Petition by Standalone Investor) is $3,675. That said, on January 3, 2023, the Department of Homeland Security (DHS) proposed to adjust certain immigration and naturalization benefit request fees charged by the United States Citizenship and Immigration Services (USCIS). The proposed adjustments would increase the government filing fee for an EB-5 application to $11,160, which is a $7,485 or 204% increase from the current $3,675 fee.

DHS proposed changes to various fees for regional centers and related immigration benefit requests related to Employment-Based Immigrant Visa, Fifth Preference (EB-5). The EB-5 program was created by the U.S. Congress in 1990 with the intent of boosting the U.S. economy through foreign capital injection and creation of jobs for U.S. persons. Through an investment of $800,000 in a new commercial enterprise in the United States, foreign nationals can receive Green Cards for themselves and their qualifying dependents, including spouse and children under the age of 21. The investment amount is returned to the EB-5 investor after approximately five years of benefiting the U.S. economy.

The proposed fees are based on the currently projected staffing needs to meet the adjudicative and administrative burden of the EB-5 Immigrant Investor Program Office (IPO). Given that USCIS receives approximately 96% of its funding from government filing fees, rather than from  congressional appropriations, the increased fees would allow USCIS to better cover its operating costs, process cases on a timely basis, and prevent future case backlogs.

USCIS witnessed a noticeable reduction in receipts of new EB-5 applications due to the adverse effects of the COVID-19 pandemic and the $400,000 increase in the minimum capital requirement of the program from $500,000 to $900,000 by virtue of the Modernization Rule of 2019, which has since been overturned. The reduction in receipts resulted in a 40% drop in revenue. The depleted cash reserves along with a temporary hiring freeze reduced the capacity of USCIS to timely adjudicate EB-5 applications. According to USCIS Director Ur M. Jaddou, “In addition to improving customer service operations and managing the incoming workload, USCIS must continue to fulfill our growing humanitarian mission, upholding fairness, integrity, and respect for all we serve. This proposed rule allows USCIS to more fully recover operating costs for the first time in six years and will support the Administration’s effort to rebuild the legal immigration system.”

In addition to an increase in the filing of Form I-526E / I-526 (Immigrant Petition by a Regional Center / Standalone Investor), DHS is proposing an increase in the government filing fee for Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to $9,525, which is a $5,775 or 154% increase from the current $3,750 fee.

USCIS published the Notice of Proposed Rulemaking (NPRM) on the Federal Register, which signals the beginning of the 60-day comment period. Written comments must be submitted on the proposed rule on or before March 6, 2023. The earliest that the NPRM can go into effect, thereby changing the government filing fees, is after the expiration of the 60-day comment period. Therefore, prospective EB-5 applicants still have a chance of filing their EB-5 applications prior to the date the fee change rule goes into effect and benefit from the lower government filing fees.

Our team of U.S. licensed lawyers and professionals at The American Legal Center have over a decade of experience in the EB-5 industry. We are ready to serve as your active guides on the EB-5 process and on your migration journey to the United States. If you are interested in finding out more about the EB-5 program, contact our team today for a free consultation.