EB-5 Visa Fees Cut Up to 61%: New 2025 Rules Explained

Historic EB-5 Visa Fee Reductions: USCIS Proposes Up to 61% Cuts for Immigrant Investors

last updated Friday, October 24, 2025
#eb5 visa fees #EB-5 visa

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by Sidra Jabeen

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In a stunning reversal that has caught the immigration investment community by surprise, the U.S. Department of Homeland Security (DHS) announced on October 22, 2025, a proposed rule that would dramatically reduce filing fees across nearly all EB-5 Immigrant Investor Program forms. These reductions—ranging from 14% to 61% depending on the form—come just 18 months after USCIS implemented massive fee increases of up to 204%, making this policy shift both unexpected and significant for prospective investors and regional centers.

What's Changing: A Complete Breakdown of Proposed EB5 Visa Fees Reductions

The proposed rule, published in the Federal Register on October 23, 2025, introduces substantial fee decreases that could save investors and regional centers thousands of dollars per filing. Here's a detailed comparison of current versus proposed fees:

Investor Petition Fees

Form	Current Fee	Proposed Fee	Reduction	Percentage
I-526E (Regional Center Investor)	$11,160	$9,625	$1,535	14%
I-526 (Standalone Investor)	$11,160	$9,625	$1,535	14%
I-829 (Remove Conditions)	$9,525	$7,860	$1,665	17%

Key Detail: The new fees include a $95 EB-5 Technology Fee designed to modernize USCIS's Immigrant Investor Program Office from paper-based processing to electronic filing systems.

Regional Center Filing Fees

Form	Current Fee	Proposed Fee	Reduction	Percentage
I-956 (Regional Center Designation)	$47,695	$28,895	$18,800	39%
I-956 (Amendment)	$47,695	$18,480	$29,215	61%
I-956F (Investment Approval)	$47,695	$29,935	$17,760	37%
I-956G (Annual Statement)	$4,470	$2,740	$1,730	39%

New Forms and Fees

The proposed rule also establishes fees for several new EB-5 filings:

• Form I-956H (Bona Fides of Persons): $55
• Form I-956K (Promoter Registration): $2,740
• Form I-527 (Legacy I-526 Amendment): $8,000

Form I-527 is particularly significant—it provides a pathway for pre-RIA investors whose regional centers were terminated to amend their petitions and preserve their priority dates.

EB-5 Integrity Fund Fees (Modest Increases)

While most fees are decreasing, annual Integrity Fund fees will increase slightly to account for inflation:

• Regional centers with more than 20 investors: $21,650 (up from $20,000, 8% increase)
• Regional centers with 20 or fewer investors: $10,825 (up from $10,000, 8% increase)

The rule also codifies penalties for late payments: 10% for 31-60 days late, 20% for 61-90 days late, and termination for payments exceeding 90 days late.

Why Is USCIS Reducing EB-5 Fees Now?

This dramatic policy reversal stems from several interconnected factors:

1. Eliminating Cross-Subsidization

The most significant factor is DHS's decision to stop using EB-5 filing fees to subsidize processing of other immigration benefits with no fees or reduced fees. Under the previous 2024 fee rule, USCIS allocated over $20 million from EB-5 fees to cover costs for asylum applications, refugee processing, and humanitarian programs.

The 2025 proposed rule explicitly states: "The proposed fees are lower than the current fees because the proposed fees do not include any additional costs for processing benefit requests with no fee or a reduced fee."

DHS justified this change by noting that continuing cross-subsidization "would likely result in litigation" and that these costs represent only a small fraction of the total USCIS budget that could be covered through other means.

2. Addressing Litigation Concerns

Multiple lawsuits have challenged the April 2024 fee increases as arbitrary and capricious. Civitas Capital Group, along with IIUSA and numerous regional centers, filed suit, arguing that USCIS failed to accurately determine adjudication costs and did not base fees on actual processing times, as required by the EB-5 Reform and Integrity Act of 2022 (RIA).

Immigration attorney Sam Galati pointedly noted: "By only now doing the work and concluding the RIA-based fees should be lower, DHS is effectively conceding that EB-5 applicants were overcharged for approximately 18 months."

3. Improved Processing Efficiency

USCIS projects that increased hiring at the Immigrant Investor Program Office, technology modernization, and streamlined procedures will reduce average processing times. The agency has also revised filing volume projections upward based on stronger-than-expected demand, allowing fixed costs to be spread across more petitions.

4. Meeting RIA Processing Goals

The RIA established specific processing time targets:

• 120 days for I-526E petitions in Targeted Employment Areas (TEAs)
• 240 days for I-526E petitions in non-TEA areas
• 240 days for I-829 petitions
• 180 days for I-956 applications
• 90-180 days for I-956F applications

Industry reports indicate that processing times have already improved substantially, with some rural TEA projects receiving I-526E approvals in as little as 6.5 to 10 months—significantly faster than the 18-24 month timelines common in previous years.

The Economic Power of EB-5: Why Fee Accessibility Matters

The EB-5 program generates remarkable economic benefits for the United States, making fee accessibility a critical policy consideration.

According to a comprehensive economic impact study by Fourth Economy released by IIUSA in June 2025, the EB-5 program generated between 2016-2019 alone:

• $75.2 billion in total private investment (including $17.5 billion in direct EB-5 investment)
• 1.7 million jobs created or supported
• $184 billion contributed to U.S. GDP
• $122 billion in wages paid to American workers
• $14.5 billion in tax revenue generated

Each EB-5 investor created an average of 45 American jobs, and every $500,000 invested generated an additional $1.6 million in private matching capital—yielding a remarkable 3.3x return on investment.

These economic benefits occur at zero cost to U.S. taxpayers, as the program is entirely fee-funded.

What Industry Leaders Are Saying

Stakeholder reactions to the proposed fee reductions have been generally positive, though with important caveats:

1. Ishaan Khanna, President of AIIA:
   "A commendable and long-overdue DHS effort to align fees with actual processing costs and goals, promoting a fairer and more sustainable framework for EB-5 investors and smaller stakeholders. We're glad USCIS has now acted—better late than never."
2. Bernard Wolfsdorf, WR Immigration
   "A modest discount... it appears DHS is keeping the original investor program open for business, even at a slight discount, which is a very good sign for immigrant investors."
3. Ronald Klasko, Klasko Law
   The reductions are "substantial" and provide "a basis for advocating for further fee reductions." However, he cautioned that "the proposed rule does not address excessive filing fees paid by regional centers and investors for more than one year."
4. IIUSA
   "This move is a welcome development following recent substantial fee hikes, making the EB-5 program more accessible and competitive globally, and hopefully signaling strong support for the program."

Timeline: When Will New Fees Take Effect?

Understanding the implementation timeline is crucial for strategic planning:

Public Comment Period

• Opened: October 23, 2025
• Closes: December 22, 2025 (60 days)
• How to Comment: Submit through regulations.gov (DHS Docket No. USCIS-2025-0139)

Final Rule Publication

After reviewing public comments, USCIS will publish a final rule. The RIA requires that any final fee rule take effect 60 days after publication.

Expected Effective Date

New fees could take effect as early as spring 2026, depending on how long USCIS takes to review comments and publish the final rule.

Important Note

Current fees remain in effect until the final rule takes effect. The proposed rule does not provide retroactive refunds to those who paid higher fees between April 2024 and the new rule's effective date.

Strategic Considerations: Should You Wait or File Now?

Prospective investors face an important timing decision. While waiting for reduced fees saves money, several factors favor earlier filing:

Reasons to File Sooner Rather Than Later

1. Grandfathering Protections The RIA protects investors who file before September 30, 2026, even if the program is modified or allowed to sunset in 2027.

2. Investment Amount Increases Minimum investment amounts are scheduled to increase in January 2027 based on inflation adjustments. Current amounts of $800,000 for TEA investments and $1,050,000 for non-TEA investments may rise substantially.

3. Priority Date Advantages: Earlier filing secures priority dates that could be critical if backlogs develop in reserved categories. For investors from China and India facing unreserved category backlogs, securing early priority dates through rural or high-unemployment urban set-aside investments could be more valuable than fee savings.

4. Project Availability Many high-quality EB-5 projects have limited capital raises that may close before fee reductions take effect.

5. Improved Processing Times Current processing times for certain project types, particularly rural TEA investments, have improved dramatically. Some investors are receiving approvals in under 10 months.

Reasons to Wait for New Fees

1. Direct Cost Savings Investors filing I-526E and I-829 will save over $3,000 in total filing fees.

2. Regional Center Economics Regional centers could save tens of thousands of dollars per project on I-956F filings and amendments, potentially passing some savings to investors through better project terms.

Understanding Form I-527: A Lifeline for Legacy Investors

The creation of Form I-527 addresses a critical need for pre-RIA investors whose regional centers have been terminated or whose new commercial enterprises have been debarred.

Who Needs Form I-527?

Investors who:

• Filed Form I-526 petitions before March 15, 2022 (pre-RIA)
• Had their regional center been terminated or a new commercial enterprise debarred
• Want to preserve their original priority dates

What Does It Do?

Under INA section 203(b)(5)(M), "good faith" investors who filed before the RIA can retain eligibility by:

• Associating with a new compliant regional center
• Demonstrating their investment still meets EB-5 requirements
• Making a new qualifying investment in an alternate enterprise

The Cost-Benefit

The $8,000 fee is substantial but significantly lower than filing an entirely new I-526 petition at $9,625 (plus losing years of processing time and priority date position).

Ongoing Challenges: What Hasn't Changed

While fee reductions represent positive news, several challenges persist:

Regional Center Terminations

USCIS has terminated numerous regional center designations in 2025 for failure to comply with RIA requirements, particularly non-payment of annual Integrity Fund fees. These terminations create complications for investors who must now amend petitions to associate with new compliant regional centers.

Visa Backlog Concerns

Despite improved processing times, concerns remain about potential backlogs. By January 2025, USCIS had received 9,878 Form I-526E petitions but had adjudicated only about 16%. Including family members can represent a demand that could exceed annual visa allocations.

The January 2025 Visa Bulletin warned that "increased I-526E petition approvals" might necessitate the establishment of cut-off dates in set-aside categories during the fiscal year.

Program Reauthorization Uncertainty

The EB-5 Regional Center Program is authorized through September 30, 2027. While historically enjoying bipartisan support, political dynamics have grown more complex. The Trump administration's February 2025 proposal for a "Gold Card" program generated attention, though legal experts agree that terminating or fundamentally altering EB-5 would require Congressional action.

Mandatory Audit Requirements

Under the RIA, USCIS must audit each regional center at least once every five years. These audits, which began in April 2024, significantly increase compliance burdens and operational costs for regional centers.

Due Diligence Remains Essential

Regardless of fee levels, thorough due diligence is critical for EB-5 success. Investors should evaluate:

✓ Regulatory Approval: Has the project received I-956F approval?

✓ Construction Progress: Are building permits, zoning approvals, and financing secured?

✓ Job Creation: Are qualifying EB-5 jobs being created or actively in progress?

✓ Financial Viability: Is the project financially sound with credible capital return strategies?

✓ Regional Center Compliance: Is the regional center in good standing with all RIA requirements?

✓ Professional Guidance: Have you consulted with qualified immigration attorneys and financial advisors?

While I-956F approval indicates regulatory documentation standards are met, it does not guarantee project financial success or capital return.

The Technology Fee: Investing in Modernization

The new $95 technology fee included in Forms I-526 and I-526E will fund critical modernization initiatives:

• Transitioning from paper-based to electronic filing systems
• Implementing improved case tracking capabilities
• Developing enhanced data analytics for adjudication efficiency
• Creating better transparency tools for applicants

This investment aligns with broader USCIS digitization initiatives and responds to longstanding stakeholder requests for electronic filing options that could dramatically reduce processing times.

How to Submit Comments on the Proposed Rule

USCIS encourages all EB-5 stakeholders to participate in shaping the final rule:

Who Can Comment: Investors, regional centers, developers, immigration attorneys, economists, and industry associations

What to Address: Fee amounts, calculation methodology, new form structures, derivative beneficiary provisions, Integrity Fund fees and penalties

Where to Submit: Federal eRulemaking Portal at regulations.gov

Docket Number: USCIS-2025-0139

Deadline: December 22, 2025

Industry organizations like IIUSA are preparing comprehensive submissions, and individual stakeholders are encouraged to provide detailed feedback on issues affecting their operations and clients.

Frequently Asked Questions

When exactly will the new lower fees take effect?

The final rule is expected to take effect 60 days after publication, likely in spring 2026, following the completion of the public comment period (ending December 22, 2025) and USCIS's review process. Until then, the current higher fees remain in effect.

Will I get a refund if I paid higher fees between April 2024 and now?

No, the proposed rule does not provide for retroactive refunds. However, pending litigation challenging the April 2024 fee increases might provide an avenue for recovering overpaid fees, though legal prospects remain uncertain.

How much will I save under the proposed fee structure?

Investors filing Form I-526E will save $1,535 (14% reduction), while those filing Form I-829 will save $1,665 (17% reduction). Total savings for a complete EB-5 process exceed $3,000 per investor.

What is the new $95 technology fee used for?

The technology fee funds modernization of the Immigrant Investor Program Office, including transitioning to electronic filing systems, implementing improved case tracking, and developing enhanced data analytics capabilities to improve processing efficiency.

Should I wait for the new fees or file now?

This depends on individual circumstances. Waiting saves money, but filing earlier:

• Secures priority dates
• Accesses grandfathering protections before September 2026
• Avoids potential investment amount increases in January 2027
• Provides access to high-quality projects with limited capital raises

Consult with an immigration attorney to evaluate your specific situation.

How do regional centers benefit from these fee reductions?

Regional centers will see dramatic savings: I-956F filings drop by $17,760, amendments by $29,215, and initial designations by $18,800. These reductions can save tens of thousands of dollars per project, improving regional center economics.

What is Form I-527 and who needs it?

Form I-527 is a new form for legacy investors who filed I-526 petitions before March 15, 2022 (pre-RIA) and need to amend their petitions because their regional center was terminated or their new commercial enterprise was debarred. The proposed fee is $8,000, significantly less than filing a new petition.

Are the annual Integrity Fund fees changing?

Yes, modest increases account for inflation: fees rise to $21,650 for larger regional centers (an 8% increase) and $10,825 for smaller regional centers (an 8% increase). Late payment penalties are also codified: 10% for 31-60 days late, 20% for 61-90 days late, and termination for payments exceeding 90 days late.

Why is USCIS reducing fees when most immigration fees increase?

The primary reason is eliminating the practice of using EB-5 fees to subsidize processing of other immigration benefits with no fees or reduced fees. USCIS allocated over $20 million from EB-5 fees to asylum, refugee processing, and humanitarian programs. Removing this cross-subsidization, combined with improved efficiency projections, enables substantial fee reductions.

How can I submit comments on the proposed rule?

Submit comments through the Federal eRulemaking Portal at regulations.gov using DHS Docket No. USCIS-2025-0139 by December 22, 2025. All EB-5 stakeholders are encouraged to provide detailed feedback to help shape the final rule.

Take Action: Navigate Your EB-5 Journey with Confidence

The proposed eb5 visa fees reductions represent a pivotal moment for immigrant investors seeking U.S. permanent residency through job-creating investments. Whether you choose to file under current fees to secure priority dates and grandfathering protections, or wait for the new fee structure to take effect in 2026, proper documentation and expert guidance are essential.

How Paperfree Can Help

At Paperfree, we specialize in simplifying complex immigration documentation processes. Our platform helps you:

✓ Organize and digitize all required EB-5 investment documents ✓ Track deadlines for Form I-526E, I-829, and supporting filings ✓ Securely store financial records, project documentation, and compliance materials ✓ Collaborate seamlessly with immigration attorneys and regional centers ✓ Stay informed about processing times, visa bulletin updates, and regulatory changes

Ready to begin your EB-5 journey? Explore Paperfree's EB-5 documentation solutions →

Questions about the proposed fee changes? Contact our immigration documentation specialists →

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Disclaimer: This article provides general information about proposed regulatory changes and should not be considered legal advice. Prospective EB-5 investors should consult with qualified immigration attorneys and conduct thorough due diligence before making investment decisions. Fee amounts and timelines are based on the proposed rule published October 23, 2025, and are subject to change based on public comments and final rule publication.

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Related Resources:

• Complete Guide to EB-5 Visa Requirements 2025
• EB-5 Processing Times: What to Expect
• Regional Center vs. Direct EB-5: Which Is Right for You?
• EB-5 Document Checklist: Everything You Need

 
 
 

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