EB-5 Fees Change November 30: Budget for the Final Rule, Not the Proposal

Final now; effective November 30

DHS published its final EB-5 fee rule on September 30, 2026. It takes effect November 30, and the rule says affected requests postmarked on or after that date must carry the new fees. This is no longer an invitation to comment on a proposal, but the new amounts are not the applicable filing charges merely because the final rule has been published.

For investors and regional centers, the useful task is to inventory the filings expected around the transition. A petition, an amendment, a removal-of-conditions request and a regional-center filing have different charges. Planning by form and filing event avoids confusing a project’s overall budget with a government fee due on a particular request.

Selected final-rule fees

The table shows the final rule’s listed filing amounts. It is not a complete investment budget, a legal-fee quotation or a promise of immigration approval.

Do not add the technology fee twice

The rule says the $75 technology fee is already included in the stated I-526 and initial I-526E amounts. It separately requires $1,100 for petitions for classification under INA section 203(b)(5)(E), in addition to other applicable fees. The included $75 and the additional $1,100 serve different purposes and must not be handled as though both were already included in every table entry.

For an initial I-526E to which that separate $1,100 charge applies, the arithmetic is $7,850 plus $1,100, or $8,950. This illustrates the listed government components only. Confirm the filing’s circumstances and USCIS payment instructions rather than extending that example to a standalone petition, every amendment or every family member.

A new form has a specific purpose

Form I-527 addresses specified amendments to legacy I-526 petitions filed before the EB-5 Reform and Integrity Act. The rule describes its use to retain eligibility after termination of a regional center or debarment of a new commercial enterprise or job-creating entity. It should not be presented as a general-purpose replacement for any investor petition.

Families also need to review how the rule treats dependents on I-829 filings. Whether a spouse or child is included with the investor or must file separately can affect the number of petitions and the cost. Those choices require case-specific legal analysis; a fee table cannot determine which filing arrangement is legally available.

The headline percentage is an estimate across filings

DHS estimates about 16,600 EB-5 filings annually and a weighted-average increase of about 70.7 percent for existing-form fees. That is not a 70.7 percent surcharge to add to every listed amount. The rule’s background also explains that its current-fee comparison reflects the government’s implementation of an earlier court decision concerning the 2024 EB-5 fees.

The distinction matters when comparing a new budget with an old spreadsheet. A figure copied from the proposed rule, a superseded schedule or a prior filing may use a different baseline. Record the source and effective date beside each figure so the comparison can be checked.

Build a November transition file

Have counsel identify the actual filing events, applicable forms and supporting evidence before choosing a mailing date. Saving a fee is not a reason to submit an incomplete or inaccurate case. Before submission, recheck whether any later court order or agency instruction affects implementation of the final rule.

• List each contemplated form and whether it is an initial filing or an amendment.
• Separate filing fees, additional statutory charges, regional-center annual obligations and private professional costs.
• Confirm the accepted form edition and filing location when USCIS issues implementation instructions.
• Save the final fee calculation, payment authorization and postmark evidence.
• Do not assume higher fees guarantee faster adjudication, visa availability or approval.

Official sources