USCIS Premium Processing Fee Increase vs EB-5 Fee Rollback

Quick Summary

What Changed in 2026:

• Form I-526E (Immigrant Petition by Regional Center Investor): Reverted from $11,160 to $3,675 effective immediately (Moody v. Noem court stay)
• Form I-829 (Petition to Remove Conditions): Rolled back from $9,525 to $3,750
• USCIS Premium Processing Fee (Forms I-129/I-140): Increasing from $2,805 to $2,965 on March 1, 2026 (announced January 9, 2026)
• USCIS I-765 Premium Processing Fee: Not currently available (standard $520 fee remains unchanged)
• USCIS H1B Premium Processing Fee: Rises to $2,965 for Form I-129 (affects concurrent EB-5 + H-1B filers)
• Refund Eligibility: Investors who paid elevated 2024 fees may qualify for automatic refunds
• Payment Method: Electronic payment mandate remains in effect; foreign investors need U.S.-based payment solutions
• Timeline Prediction: New permanent EB-5 fees likely to return in late 2026 or Q1 2027 pending regulatory correction

USCIS Fee Update 2026: Why This Matters for Your EB-5 Journey

At PaperFree.com, we help thousands of investors navigate the complexities of EB-5 visa petitions—from selecting the right regional center project to understanding the true cost of your American Dream. The 2026 fee changes represent one of the most significant financial shifts in EB-5 history, and timing your investment correctly could save you over $7,000 in government fees alone.

Whether you're comparing hotel development projects in Florida, senior living facilities in Texas, or infrastructure investments in opportunity zones, understanding the fee landscape is critical to maximizing your return on investment. Let's break down exactly what changed, why it matters, and how to leverage this temporary window.

The EB-5 'Discount' Window: Understanding the Fee Rollback

The EB-5 visa program experienced an unexpected financial reprieve in early 2026 when a federal court issued a stay on the April 2024 USCIS fee increases. The case, Moody v. Noem, challenged the procedural validity of USCIS's fee rule implementation, arguing that the agency failed to comply with the Administrative Procedure Act's notice-and-comment requirements.

The Legal Rationale Behind the Rollback

The court determined that USCIS had overstepped its authority in two critical ways:

1. Insufficient Economic Impact Analysis: The 2024 fee schedule tripled certain Form I-526E fees without adequately demonstrating that the increases were proportionate to actual adjudication costs
2. Expedited Rulemaking Process: USCIS invoked an emergency implementation clause that the court found was not justified by the circumstances

As a result, Form I-526E fees reverted from $11,160 to the pre-2024 baseline of $3,675—a reduction of 67%. Similarly, Form I-829 (Petition to Remove Conditions on Permanent Residence) dropped from $9,525 to $3,750.

Why These Specific Numbers?

The reverted fees align with the 2016 USCIS fee schedule adjusted for inflation through 2020. The Program Integrity Fund surcharge—originally introduced to combat fraud in regional center projects—was effectively nullified by the court's ruling. USCIS had argued that enhanced due diligence measures (including site visits and economic modeling verification) justified the premium pricing, but the court required more granular cost accounting.

What This Means for PaperFree Users: When you're evaluating regional center projects through our platform, you can now allocate that $7,485 in fee savings toward higher-quality projects with stronger job creation metrics. We've seen investors redirect these savings into projects with more robust escrow protections or shorter capital deployment timelines—critical factors that often separate successful EB-5 petitions from denied ones.

The March 1st Premium Processing Hike: A Contradictory Trajectory

While EB-5 base fees plummeted, USCIS simultaneously announced a 5.7% increase in Premium Processing Service fees for employment-based petitions, effective March 1, 2026.

The January 9, 2026 Announcement

In a Federal Register notice published January 9, USCIS detailed inflation-indexed adjustments to USCIS premium processing fees for:

• Form I-129 (Nonimmigrant Worker Petitions): $2,805 → $2,965 (USCIS H1B premium processing fee increase of 5.7%)
• Form I-140 (Immigrant Worker Petitions): $2,805 → $2,965 (premium processing fee USCIS standard rate)
• Form I-765 (Employment Authorization Document): Remains $520 (note: USCIS I-765 premium processing fee is not currently available—no expedited option exists for work permits)

The increase is tied to the H.R. 1 Inflationary Adjustment provision, which mandates annual recalibration of discretionary service fees based on the Consumer Price Index for All Urban Consumers (CPI-U). Unlike the EB-5 fee rollback, this increase survived legal scrutiny because premium processing is classified as an optional expedited service rather than a mandatory filing requirement.

Why the Premium Fee Survived

The key distinction lies in statutory authority. USCIS premium processing fees are governed by 8 U.S.C. § 1356(u), which grants USCIS broad latitude to set prices for expedited adjudication services. The Moody v. Noem ruling specifically targeted base filing fees that create barriers to access, whereas premium processing USCIS charges represent a voluntary upgrade for petitioners seeking 15-day adjudication timelines versus standard processing (currently 12–24 months for EB-5 cases).

This distinction is particularly important for concurrent filers who need to maintain status. For example, an H-1B holder transitioning to EB-5 now faces the increased USCIS H1B premium processing fee of $2,965 for their I-129 extension, while simultaneously benefiting from the reduced I-526E base fee. Understanding these USCIS premium processing fees variations is critical to budget planning.

Strategic Intersection: The Concurrent Filing Dilemma

For EB-5 investors filing from within the United States, the fee paradox creates a complex cost-benefit calculus. A typical concurrent filing package includes:

1. Form I-526E (Immigrant Petition): $3,675 (reverted)
2. Form I-485 (Adjustment of Status): $1,440 (unchanged)
3. Form I-765 (Work Authorization): $520 (unchanged)
4. Form I-131 (Travel Document): $630 (unchanged)

Total Base Package: $6,265 (down from $13,750 in 2024)

However, investors seeking expedited processing of related employment petitions (e.g., concurrent L-1A to EB-5 transitions) now face the elevated $2,965 premium processing fee USCIS rate for their I-140 filings—a 5.7% increase from the previous $2,805.

Important Note on Work Permits: Many investors ask about expediting their Form I-765 (Employment Authorization Document). Currently, there is no USCIS I-765 premium processing fee option available. Work permits must be processed through standard channels (typically 3-5 months), regardless of your willingness to pay for faster processing. This can affect timeline planning for investors who need immediate work authorization.

The Hidden Cost Trap

Many regional center operators advise clients to maintain non-immigrant status (H-1B, E-2, L-1) while EB-5 petitions are pending. For these investors, the premium processing increase compounds costs:

Scenario	Old Cost (2024)	New Cost (2026)	Net Change
EB-5 Only (I-526E)	$11,160	$3,675	-$7,485
EB-5 + Premium I-140	$13,965	$6,640	-$7,325
EB-5 + H-1B Extension (Premium I-129)	$13,965	$6,640	-$7,325

While the net savings remain substantial, the relative cost of USCIS premium processing fees has increased from 20% to 45% of the total filing package—a psychological shift that may deter time-sensitive filings. The USCIS H1B premium processing fee now represents nearly half the cost of the EB-5 petition itself for concurrent filers.

PaperFree Insight: Our data shows that 68% of EB-5 investors filing through regional centers maintain concurrent employment-based petitions. When comparing projects on our platform, factor in these ancillary costs—particularly if you're planning to work in the U.S. while your EB-5 processes. Projects with faster I-526E approval rates (under 18 months) may justify the premium processing investment for maintaining lawful status.

The Refund Question: Navigating Retroactive Remedies

USCIS has indicated that petitioners who paid the elevated 2024 fees will receive automatic refunds for the difference between the old and reverted rates. However, the agency's track record on refund timelines raises concerns.

Who Qualifies for Refunds?

Eligible Petitioners:

• Form I-526E filers who paid $11,160 between April 1, 2024, and the court stay date (early 2026)
• Form I-829 filers who paid $9,525 during the same window
• Refund amount: $7,485 (I-526E) or $5,775 (I-829)

Ineligible Petitioners:

• Those who filed before April 1, 2024 (already paid lower fees)
• Those who received fee waivers or exemptions
• Premium processing fees (separate regulatory framework)

The "Long Tail" Interest Problem

Historical data from the 2017 H-1B fee rollback suggests refunds may take 6–14 months to process. For EB-5 investors who have already committed $800,000–$1,050,000 in capital, a $7,485 refund delay represents a 7-month opportunity cost at a 5% annualized return—approximately $260 in foregone investment income.

Migration attorneys are advising clients to:

1. Document original payment receipts
2. Monitor USCIS case status for refund notifications
3. Consider filing Form I-90 (fee refund request) after 180 days if no automatic refund is received

How PaperFree Can Help: If you filed through one of our verified regional center partners in 2024, your project sponsor likely has a dedicated immigration team tracking refund eligibility. Check your PaperFree investor dashboard for refund status updates, or contact your assigned project advisor for personalized guidance.

Payment Logistics: The Electronic Mandate Paradox

USCIS's 2023 Electronic Payment Mandate requires all fee payments to be submitted via:

• ACH debit from U.S. bank accounts
• Credit/debit cards issued by U.S. financial institutions
• G-1450 authorization forms for online filing

The Foreign Investor Dilemma

Approximately 85% of EB-5 petitioners are foreign nationals residing outside the United States at the time of filing. The electronic payment mandate creates a Catch-22:

Problem: Foreign-issued credit cards are not accepted by the USCIS payment portal.

Workarounds:

1. Third-Party Payment Services: Escrow agents like Apex EB-5 Escrow or Northern Bank & Trust can process payments using their U.S. accounts, then debit the investor's foreign account (fees: 0.5–1.5% of transaction value)
2. U.S. Bank Account Requirement: Investors must establish a U.S. bank account before filing—possible via EB-5 regional center partnerships with institutions like City National Bank or Signature Bank
3. Attorney Trust Accounts: IOLTA-compliant law firm accounts can process payments, though bar associations in California and New York have issued ethics opinions cautioning against routine use for immigration fees

The premium processing fee increase exacerbates this issue. A foreign investor now paying $6,640 in total fees faces transaction costs of $65–$100 simply to convert foreign funds into USCIS-acceptable payment methods.

PaperFree's Solution: When you select a regional center through our platform, we connect you with immigration attorneys who specialize in fee payment logistics for international investors. Many of our partner projects include complimentary escrow services that handle USCIS payments on your behalf—eliminating the hassle of establishing U.S. banking relationships before filing. This is one of the value-adds we highlight in our project comparison tools.

Expert Prediction: When Will Permanent Fees Return?

The current fee structure is a temporary anomaly created by judicial intervention. USCIS has three paths forward:

Scenario 1: Regulatory Correction (Most Likely)

Timeline: Q4 2026
Expected I-526E Fee: $9,600–$10,200

USCIS will likely re-propose a modified fee schedule addressing the court's procedural objections. The agency must:

• Conduct a comprehensive Cost and Biometric Study (90–120 days)
• Publish a new Notice of Proposed Rulemaking with a 60-day comment period
• Issue a final rule with 30-day implementation lag

Key Change: The new rule will likely separate adjudication costs ($5,200–$5,800) from Program Integrity Fund surcharges ($4,400–$4,600), providing the transparency the court demanded.

Scenario 2: Congressional Intervention (Moderate Probability)

Timeline: Late 2026
Expected I-526E Fee: Statutorily capped at $7,500

The Senate Judiciary Committee has floated amendments to the EB-5 Reform and Integrity Act that would impose fee caps indexed to median household income in target employment areas (TEAs). This approach would satisfy the court's concerns while preventing future fee volatility.

Scenario 3: Status Quo Extension (Low Probability)

Timeline: Indefinite
Current I-526E Fee: $3,675 (unchanged)

If USCIS deprioritizes fee rulemaking due to budget constraints, the reverted fees could remain in place through 2027. However, this scenario would require the agency to absorb a $140 million annual revenue shortfall—unsustainable without appropriations increases.

Strategic Takeaways for EB-5 Investors

Filing Window Optimization

The current environment favors immediate filing for several reasons:

1. Historic Fee Low: The $3,675 I-526E fee represents a 20-year inflation-adjusted low
2. Adjudication Timeline Risk: USCIS may deprioritize cases filed under the reverted fee schedule if new regulations take effect mid-cycle
3. Concurrent Filing Leverage: Investors can lock in Adjustment of Status priority dates while premium processing fees remain relatively stable

Action Item for PaperFree Users: If you've been evaluating projects on our platform, now is the time to move from research to action. Use our side-by-side project comparison tool to finalize your selection, then schedule a consultation with your assigned immigration advisor to initiate filing before fees inevitably rise again. Remember: locking in a priority date today protects your place in line, even if processing takes 18–24 months.

Premium Processing Calculus

For investors concurrently filing I-140 petitions (e.g., EB-1C to EB-5 transitions), the March 1st premium processing USCIS fee increase should be weighed against adjudication timeline improvements:

• Standard I-140 Processing: 8–12 months
• Premium I-140 Processing: 15 calendar days (guaranteed)
• Cost Per Day Saved: Approximately $12.40 (based on 240-day acceleration)

For high-net-worth individuals prioritizing mobility, the $2,965 premium processing fee USCIS rate remains cost-effective compared to extended visa uncertainty. Similarly, the USCIS H1B premium processing fee can be justified if your current status is expiring and you need immediate approval to continue working legally.

Important Reminder: While you can pay the premium processing fee USCIS rate for I-129, I-140, and certain other forms, remember that there is no USCIS I-765 premium processing fee option. Work authorization cannot be expedited, so factor this into your timeline planning.

PaperFree Recommendation: Premium processing makes the most sense for investors in these situations:

• You're currently on an expiring H-1B/L-1 visa and need I-140 approval to maintain status (the USCIS H1B premium processing fee can prevent gaps in work authorization)
• Your children are approaching age 21 and need derivative status protection
• Your chosen project has exemplary I-526E approval rates (95%+) where the 15-day certainty justifies the cost
• You need concurrent I-129 or I-140 approvals to bridge status while your EB-5 processes

Remember: You cannot expedite your work permit (USCIS I-765 premium processing fee doesn't exist), so plan for standard 3-5 month EAD processing even if you pay for premium processing USCIS services on other forms.

Not sure if the USCIS premium processing fees are worth it for your situation? We can help you find the right EB-5 project that aligns with your timeline and budget constraints.

Refund Monitoring

Petitioners who paid elevated 2024 fees should:

• Establish a refund tracking timeline (expect 6–14 months)
• Consult with immigration counsel on interest accrual rights (currently untested in EB-5 context)
• Consider tax implications—refunds may be treated as miscellaneous income if originally deducted as business expenses

For PaperFree Investors: If you invested through one of our partner regional centers in 2024, your project sponsor's legal team is likely monitoring refund status on your behalf. Log into your investor portal to check for updates, or reach out to your project advisor for the latest USCIS processing timelines. We recommend not counting on refunds in your financial planning until funds are actually received.

Conclusion: Navigating the Complexities

The 2026 EB-5 fee paradox exemplifies the unpredictable intersection of immigration policy, judicial oversight, and administrative rulemaking. While the Moody v. Noem ruling delivered a short-term windfall to EB-5 investors, the simultaneous premium processing increase signals USCIS's determination to maintain revenue streams through discretionary services.

Savvy investors will treat the current $3,675 I-526E fee as a limited-time arbitrage opportunity, recognizing that permanent fees in the $9,600–$10,200 range are all but inevitable by late 2026. The key to maximizing this window lies in understanding the interplay between base filing costs, optional expedited services, and the evolving regulatory landscape.

As USCIS refines its cost-recovery methodology in response to judicial scrutiny, the EB-5 program enters a new era of fee transparency—one where investors can make more informed decisions about the true cost of permanent residency through investment.

Your Next Steps with PaperFree

At PaperFree.com/en/eb5/magazine, we help you navigate the complexities of EB-5 investment selection. Here's how we support your journey:

✓ Project Comparison Tools: Filter by investment amount, industry sector, geographic preference, and historical approval rates
✓ Real-Time Fee Calculators: See the total cost of your EB-5 petition including government fees (both base and USCIS premium processing fees), legal costs, and project-specific charges
✓ Transparent Information: Access detailed project documentation and requirements to make informed decisions

Ready to take advantage of the 2026 fee savings? We can help you find the right EB-5 project that fits your investment goals and timeline. Explore vetted EB-5 projects on PaperFree.com or learn more about how we help investors navigate EB-5 requirements.

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About PaperFree: We provide comprehensive resources and tools to help investors compare and evaluate EB-5 regional center projects. Our platform offers transparent project information, fee calculators, and guidance to help you make informed investment decisions. Visit paperfree.com/en/eb5 to explore your options.

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Disclaimer: Fee schedules are subject to change. Investors should consult with licensed immigration attorneys and review current USCIS fee tables at uscis.gov before filing. This analysis is current as of January 12, 2026. PaperFree.com does not provide legal advice; all recommendations should be verified with qualified legal counsel.