Two Upcoming EB-5 Cost Increases: Why Prospective Investors Should Begin Planning Now

Two Upcoming EB-5 Cost Increases

Prospective EB-5 investors face two separate cost increases in the closing weeks of 2026.

USCIS will implement a substantially higher EB-5 fee schedule on November 30, 2026. Shortly after, on January 1, 2027, the statutory EB-5 minimum investment amounts are scheduled to adjust for inflation.

DateWhat changesWho is affected
November 30, 2026Higher USCIS filing feesFilings postmarked on or after this date
January 1, 2027Inflation adjustment to minimum investment amountsPetitions filed on or after this date

For families already considering EB-5, both dates make early planning more important. Starting now allows enough time to review an investment opportunity, document the lawful source and path of funds, complete subscription requirements, and prepare a well-supported filing with qualified immigration counsel.

New EB-5 Filing Fees Take Effect November 30, 2026

On September 30, 2026, the Department of Homeland Security published its final EB-5 fee rule in the Federal Register. The new fees apply to filings postmarked on or after November 30, 2026. The key investor-facing changes are:

Investor filingCurrent feeNew fee
Form I-526E, regional center investor (initial)*$3,675$7,850
Form I-526, standalone investor*$3,675$7,615
I-526E Integrity Fund fee$1,000$1,100
Form I-829, removal of conditions$3,750$5,000

*Includes the new $75 EB-5 technology fee. The Integrity Fund fee is a separate charge.

For a new regional center investor, combined USCIS charges increase by $4,275. The I-526E filing fee alone more than doubles, rising approximately 114%. Including the Integrity Fund fee, the combined initial government cost rises approximately 91%.

Initial regional center petitionCurrentFrom Nov. 30, 2026
Form I-526E filing fee$3,675$7,850
Integrity Fund fee$1,000$1,100
Total USCIS charges$4,675$8,950

Regional Center and Project Fees Also Change

The rule also affects regional centers, developers, project sponsors and promoters. Most of these fees increase, while two decrease:

FilingCurrent feeNew fee
Form I-956, initial regional center designation$17,795$44,115
Form I-956F, project application$17,795$42,675
Form I-956, amendment$17,795$9,835
Form I-956G, annual statement$3,035$2,165
Form I-956K, promoter registrationNone$2,165
Form I-527, certain pre-2022 investors (new)None$10,330

Individual investors generally do not pay these regional center and project-level fees directly, but they add to the overall cost of structuring and administering EB-5 projects. The new Form I-527 allows certain pre-2022 investors to amend a pending petition if their regional center is terminated or their project is debarred.

Minimum Investment Amounts Adjust January 1, 2027

Under the EB-5 Reform and Integrity Act of 2022, the minimum investment amounts are scheduled to adjust for inflation beginning January 1, 2027.

Investment categoryCurrent minimumFrom Jan. 1, 2027
Targeted employment area (TEA), including rural, high-unemployment and infrastructure projects$800,000Expected above $900,000*
Standard investment$1,050,000Expected above $1,200,000*

*Industry estimate. As of September 30, 2026, the official adjusted amounts have not been published.

The applicable amount is expected to be tied to the date a properly prepared petition is filed with USCIS. Signing offering documents or beginning a transfer of funds in 2026 may not, by itself, secure the current amount. Investors should confirm the timing that applies to their case with their immigration counsel.

Why a Proper EB-5 Filing Takes Time

A Form I-526E filing involves much more than selecting a project and transferring capital. Working with immigration counsel, investors generally need to:

  • Document the lawful source of the investment capital
  • Trace the path of funds to the EB-5 investment
  • Review the subscription materials and offering documents
  • Complete investor and compliance documentation
  • Coordinate the transfer of capital and fees
  • Assemble the evidence needed to prepare the petition

Source of funds documentation can be especially time-consuming when capital comes from several sources, such as employment income, business earnings, property sales, gifts, inheritance or loans. Starting close to November 30 or December 31 leaves little room to resolve missing documents, bank transfer delays or subscription requirements. An investor who begins too late may face both higher filing fees and a higher minimum investment.

Start Early, Proceed Carefully

We would still caution against rushing into an investment an investor would not be comfortable with. The fee schedule and investment threshold say little about whether a project is well structured, whether projected job creation will prove sufficient, or whether construction and financing risks have been adequately addressed.

Investors should review the project, regional center, capital structure, job creation methodology, construction status, risk factors and investor protections with their independent advisers. No EB-5 investment can guarantee petition approval, conditional or permanent residence, repayment or investment performance.

The goal is to start early enough to complete the process carefully before the applicable deadlines.

Key Takeaways

  • USCIS fees increase for filings postmarked on or after November 30, 2026.
  • Initial regional center investor charges rise from $4,675 to $8,950.
  • EB-5 minimum investment amounts are scheduled to adjust on January 1, 2027; the TEA amount is expected to exceed $900,000.
  • Official 2027 amounts have not yet been published.
  • Source of funds preparation and investment diligence require time, so families already considering EB-5 should begin now.

Read the final USCIS EB-5 fee rule: Federal Register, September 30, 2026

Disclaimer: For general informational purposes only. This article is not an offer to sell or a solicitation of an offer to buy any security and does not constitute legal, immigration, tax, accounting, or investment advice. Private placement investments involve significant risks, including possible loss of principal and lack of liquidity. Prospective investors should consult their own qualified advisers and review the definitive applicable offering documents before making any decision. Third Lake Associates, LLC, Member FINRA/SIPC.

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