DHS Proposes Fee Adjustments for EB-5 Immigrant Investor Program

Key Point 

• DHS has proposed a rule to increase EB-5 immigrant investor program fees to support implementation of the 2022 Reform and Integrity Act and strengthen program oversight 

Fee Changes and Additions  

The Department of Homeland Security (DHS) proposes adjustments to EB-5 form fees, reducing most fees by 14% to 61%. DHS also introduces several new fees to support administrative improvements, including a $95 technology fee, $8,000 for the new Form I-527, $55 for Form I-956H, and $2,740 for Form I-956K.

Filing Requirements and Penalties  

Spouses and children of EB-5 investors must file separate Form I-829 petitions to remove conditions on permanent residence, unless the principal investor is deceased.

Annual Integrity Fund fees remain at: 

• $10,000 for smaller regional centers 
• $20,000 for larger regional centers 

Penalties for late payments are as follows: 

• 10% penalty for payments made 31–60 days late 
• 20% penalty for payments made 61–90 days late 
• Termination of regional center designation if payment is more than 90 days late 

Oversight and Cost Impact  

To improve oversight, USCIS will continue auditing regional centers every five years and expand fraud detection activities, including site visits and national security checks.  

DHS also plans to invest in technology and specialized personnel to support these efforts.  

While introducing some new compliance costs, the proposed changes are expected to generate net savings of about $244.1 million over ten years.

Next Steps

DHS published the proposed EB-5 rule in the Federal Register and opened it for public comment, which typically lasts 30 to 60 days. After the comment period ends, DHS will review the feedback and may revise the rule before issuing a final version. Finalizing the rule could take several months. Investors, attorneys and regional centers should monitor developments closely and begin evaluating potential operational and compliance impacts.

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