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The newly released USCIS proposed fee rule includes reductions to several key EB-5 Immigrant Investor Program filing fees.
At a time when USCIS fees have largely trended upward due to inflation, staffing, and backlog-related costs, the proposed decreases for EB-5 filings stand out as a noteworthy development for regional centers and investors alike.
Proposed EB-5 Fee Reductions
According to the newly proposed rule, the following filing fees are set to decrease:
- Form I-526E (Immigrant Petition by Regional Center Investor): from $11,160 → $9,625;
- Form I-956F (Application for Approval of an Investment in a Commercial Enterprise): from $47,695 → $29,935;
- Form I-956 (Application for Regional Center Designation): from $47,695 → $28,895;
- Form I-956 (Amendment): from $47,695 → $18,480; and
- Form I-956G (Regional Center Annual Statement): from $4,470 → $2,740.
New fees would also apply to Form I-956H (Bona Fides of Persons Involved with Regional Center Program) and Form I-956K (Regional Center Investor Compliance Certification), though the changes in those categories are not as significant.
Why This Matters
It is rare for USCIS to reduce filing fees absent litigation—particularly within a complex and high-stakes category like EB-5. Historically, USCIS has justified fee increases by citing the need for operational funding and efficiency improvements. The decision to lower EB-5-related fees may reflect recognition of the program's administrative challenges and the importance of maintaining accessibility for regional centers and investors post-Reform and Integrity Act (RIA).
Litigation Concerns and the RIA Fee Study
Interestingly, USCIS appears to be deliberately distancing itself from the RIA's mandated fee study and adjustment process, potentially due to ongoing and potential litigation surrounding the agency's authority to impose and structure certain EB-5 fees.By proposing independent revisions rather than relying on the RIA's framework, USCIS may be seeking to insulate itself from future challenges while maintaining operational control over the program's financial structure.
What Comes Next
The rule is still in the proposed stage, meaning there will be a public comment period of 60 days before final implementation. EB-5 stakeholders—including investors, regional centers, and developers—should consider submitting comments to help shape the final version.
The proposed fee decreases represent an unexpected development in a space where most practitioners had only expected increases.
We will continue to monitor developments.
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