The United States Citizenship and Immigration Services (USCIS), through the Department of Homeland Security (DHS), has unveiled a significant set of proposed changes to the fee structure of the EB-5 Immigrant Investor Program. These adjustments mark a crucial step in aligning the program's operations and oversight with the mandate of the landmark EB-5 Reform and Integrity Act of 2022. The proposal introduces a strategic reduction in certain filing costs for individual investors, simultaneously implementing new, stringent fees and compliance requirements specifically targeting EB-5 Regional Centres. This dual approach aims to make the immigration pathway more accessible to qualified investors while fundamentally strengthening the program's security and integrity. The changes are expected to have a tangible impact on the market, especially for leading applicant groups, including investors from India.
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Decoding the Proposed EB-5 Fee Structure
The new schedule represents a thoughtful recalibration of costs, moving beyond the legacy fees that may no longer accurately reflect the processing expenses. The DHS estimates these revisions will collectively affect approximately 11,260 filings each year, leading to an average fee reduction of around $2,259, or 14.7 per cent, across the affected forms. This overall drop signals a potential easing of the financial burden for many participants, though the costs have been strategically redistributed to enhance program security and accountability, particularly on the Regional Centre side.
The Good News for Individual Investors
In a move welcomed by prospective immigrants, the DHS plans to reduce the filing fee for Form I-526, the Immigrant Petition by Standalone Investor. This fee is slated to drop from the current $11,160 to $9,625, representing a substantial 14 per cent decrease. This cost saving is designed to reduce the initial financial barrier for those entrepreneurs opting for a direct investment path, bypassing the need for a Regional Centre. Similarly, the same fee reduction will apply to the newly introduced Form I-526E, the petition utilised by investors who choose to participate through a Regional Centre-sponsored project.
A Closer Look at the New Technology Fee
Alongside the fee reduction, a new, small $95 technology fee will be added to both the I-526 and I-526E filings. This modest charge is intended to cover the costs associated with upgrading and maintaining the information technology infrastructure necessary for processing EB-5 applications. In the digital era, efficient, secure, and modern processing systems are essential for handling the complexity and volume of investor petitions, ensuring faster and more reliable service.
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Addressing Legacy Petitions: The New I-527 Fee
A significant element of the proposal is the introduction of a completely new form and fee for managing historical cases. The DHS is proposing a fee of $8,000 for the new Form I-527. This form is specifically designated for amendments related to legacy investor petitions, which are those filed under the previous rules before the 2022 Act. This formalizes a process that previously lacked a clear fee structure, ensuring resources are appropriately allocated to resolving older, complex cases and administrative issues.
Streamlining Regional Centre Applications (I-956 Reduction)
While Regional Centres face new oversight costs, they will see a notable reduction in their initial application fee. The filing fee for Form I-956, the Application for Regional Centre Designation, is proposed to fall significantly from $47,695 to $28,895. This nearly 39 per cent cut suggests an effort to streamline the entry process for new, compliant Regional Centres. Furthermore, other related forms used by Regional Centres for various operations will also benefit from proposed fee reductions, potentially offsetting some of the new integrity-related costs.
Strengthening Oversight: The EB-5 Integrity Fund and Penalties
The centrepiece of the new fee structure, and the clearest manifestation of the 2022 Reform Act, is the detailed codification of payments to the EB-5 Integrity Fund. This fund is a non-negotiable tool for enhanced program oversight, intended to proactively detect and mitigate fraud, abuse, and national security risks within the EB-5 ecosystem. It places a direct, ongoing financial responsibility on the entities that operate within the program.
The Foundation of Integrity: Annual Contributions
Designated Regional Centres will be required to make mandatory annual payments into the Integrity Fund. The amount of this contribution is set on a sliding scale to reflect the size and operational scope of the centre. Smaller or newer regional centres will be charged $10,000 annually, while larger, established centres with more investors will face an annual charge of $20,000. These contributions are vital for funding the specialised oversight and audit functions necessary to maintain a credible and secure investment program.
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Per-Investor Fees for Regional Centre Filings
In addition to the annual fee, a transactional cost has been introduced to tie the fund's income directly to the program's activity. A supplementary charge of $1,000 per investor will be levied for every I-526E petition submitted through a Regional Centre. This fee ensures that the operational cost of vetting and processing individual investors in the Regional Centre context is directly contributed to the fund designed to secure the entire process.
Strict Compliance: Penalties for Late Payments
To enforce timely compliance and ensure the Integrity Fund remains well-resourced, the DHS has outlined a strict penalty structure for late payments. A Regional Centre delaying payment for up to 60 days will face a penalty equivalent to 10 per cent of the total outstanding fee. This penalty doubles to 20 per cent if the delay extends up to 90 days. Crucially, any non-payment that persists beyond the 90-day threshold could result in the ultimate sanction: the termination of the Regional Centre’s official designation, effectively shutting down its ability to participate in the EB-5 program.
The Driving Force: Aligning Fees with the 2022 Reform Act
The entire restructuring effort is not merely an administrative exercise but a direct response to the comprehensive EB-5 Reform and Integrity Act of 2022 (RIA). This act mandated significant changes to protect investors, ensure national security, and standardise program operations. The proposed fee schedule provides the necessary financial backbone to implement the enhanced investigative and compliance measures required by the RIA.
The Mandate for Program Cost Alignment
The DHS explicitly stated that a primary goal of the proposal is to accurately align the program's fees with the actual costs of administering it. Historically, certain fees may have subsidised others, or lacked an explicit allocation for newer integrity mandates. This recalibration ensures that the financial resources collected directly cover the expenditure for processing, adjudication, and the vital new oversight mechanisms.
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Enhanced Security and Fraud Detection Measures
A core tenet of the 2022 Act is the robust enhancement of fraud detection and national security vetting. The new fees, particularly those channelled into the Integrity Fund, are critical for funding these improved vetting processes. They enable the hiring of specialised personnel and the implementation of advanced security protocols to scrutinise investment sources and investor backgrounds more thoroughly. This strengthens the program's reputation and protects both the American public and legitimate investors from bad actors.
Implications for Indian EB-5 Applicants
India has consistently been one of the top source countries for EB-5 applicants, driven by the desire for permanent US residency and educational opportunities for their children. These proposed fee changes carry both immediate benefits and subtle complexities for Indian investors navigating the US immigration landscape. The direct reduction in the I-526E filing cost is an immediate, tangible benefit.
The Advantage of Reduced Upfront Costs
For the numerous Indian investors who predominantly utilise the Regional Centre pathway (I-526E), the 14 per cent cut in the primary petition fee reduces the upfront administrative cost burden. While the investment capital remains the same, a lower filing fee improves initial cash flow and reduces the non-refundable costs associated with submitting the application. This financial relief can be particularly appealing in a process that is already capital-intensive. However, Indian investors must also consider the potential long-term effect of the Regional Centre's new compliance costs, which may indirectly influence the management fees charged by these centres in the future.
Conclusion: Navigating the EB-5 Landscape
The proposed fee changes represent a crucial inflexion point for the EB-5 Immigrant Investor Program, solidifying the regulatory framework established by the 2022 Reform Act. By lowering direct investor filing fees while simultaneously imposing rigorous, funded oversight on Regional Centres, the DHS is attempting to strike a necessary balance between accessibility and accountability. These steps underscore the US government’s commitment to running a transparent, secure, and compliant EB-5 program. Stakeholders, including potential investors and regional centres, must now closely review the public notice and prepare for the final implementation of this revised structure, which promises a new era of integrity and clarity for the EB-5 pathway. Visit TerraTern to know more!
