If you are thinking about filing an EB-5 case, there is another cost you should now keep in mind. USCIS has recently issued a new final rule that will significantly increase several EB-5 filing fees beginning on 11/30/2026.
Please note that this is not a proposed rule anymore. The final rule was officially published in the Federal Register on 09/30/2026. Thus, any application or petition postmarked on or after November 30 will have to include the new filing fee.
- USCIS’s new final rule raises several EB-5 filing fees effective November 30, 2026 for any application postmarked on or after that date.
- The Form I-526/I-526E fees for initial investors nearly double, with a regional center filing total rising from $4,675 to $8,950.
- The rule follows an EB-5 fee study after Moody v. Noem; updated cost and volume estimates reduced fees from what DHS originally proposed.
How much are the EB-5 filing fees increasing?
The fee increases are not the same for every EB-5 filing. Some are going up by a relatively modest amount, while the initial investor petitions are going up substantially.
EB-5 filing fees for Form I-526 and Form I-526E
For many individual EB-5 applicants, the biggest change will be the fee for Form I-526 (for direct EB-5 investors) or Form I-526E (for investors applying through regional centers).
In particular, an applicant making an investment through a regional center will see the USCIS fees for an initial I-526E filing increase from a total of $4,675 to $8,950.
That is a $4,275 difference just in USCIS fees.
Current vs. new fees for individual EB-5 investors
Here is a comparison of the fees that are most relevant to individual EB-5 investors:
| Filing Type | Current | New Fee | Increase |
|---|---|---|---|
| Form I-526 – Standalone investor | $3,675 | $7,615 | $3,940 |
| Form I-526E – Initial regional center investor | $3,675 | $7,850 | $4,175 |
| Form I-526E – Amendment | $3,675 | $7,775 | $4,100 |
| Form I-829 – Removal of conditions | $3,750 | $5,000 | $1,250 |
| I-526E Integrity Fund fee | $1,000 | $1,100 | $100 |
Why are the EB-5 fees changing again?
EB-5 investors may remember that USCIS already raised these fees not too long ago.
In 2024, the filing fee for Forms I-526 and I-526E went all the way up to $11,160.
Then things changed.
The Moody v. Noem stay and the return to the earlier fees
In November 2025, a federal court in Moody v. Noem stayed certain EB-5 fees that had been adopted as part of the 2024 USCIS fee rule. USCIS then went back to accepting the earlier EB-5 fees, including the $3,675 filing fee for Forms I-526 and I-526E.
Unfortunately, the old fee did not stay forever.
The EB-5 fee study behind the new rule
The EB-5 law requires DHS to study the costs of the EB-5 program operations and allows DHS to establish new filing fees based on those operating costs. In that regard, USCIS went through a separate EB-5 fee study, updated its cost estimates, and has now issued this new rule.
Why the final fees are lower than DHS proposed
Interestingly though, the final fees are lower than what DHS originally proposed.
Under the proposed rule published in 2025, DHS proposed a $9,625 filing fee for both Form I-526 and an initial Form I-526E. The final rule reduced those amounts to $7,615 and $7,850, respectively.
One reason for this change is that USCIS’s updated estimates of how many EB-5 cases it expects to receive. For example, USCIS originally projected about 3,500 Form I-526E filings per year, but its updated estimate is now about 8,500 annually. Thus, the final rule uses more recent information and updated cost estimates for fiscal years 2026 and 2027.
When do the new EB-5 filing fees take effect?
The new fees take effect on November 30, 2026. USCIS specifically states that applications and petitions postmarked on or after that date must include the new fees. Otherwise, the cases will be rejected and be returned to the applicants.
For someone filing as an initial regional center EB-5 case, the difference is significant. The current $4,675 total will become $8,950. That means paying an additional $4,275 to USCIS for essentially the same initial filing.
Should you file your EB-5 petition before November 30?
If this fee increase is a concern and your EB-5 case is already substantially prepared, it may make sense to move quickly and see whether your petition can be filed before the new fees take effect.
Of course, saving a filing fee is not a good reason to submit an incomplete or poorly prepared EB-5 application package. Source of funds documents, investment records and the other required evidence still need to be properly and well prepared.
But if your case is already close to being ready anyway, November 30 is now a date worth paying attention to.
Speak with an EB-5 attorney at Scott Legal, P.C.
If you are preparing an EB-5 petition and want to know whether it can be filed before the new fees apply, Scott Legal, P.C. can review your case, your source of funds documentation and your filing timeline. Schedule a consultation with our EB-5 team to discuss your options.
