USCIS Proposes EB-5 Fee Cuts; Investor Green Card Fee Could Fall by $1,535
The EB-5 Reform and Integrity Act of 2022 directed DHS to establish fees related to the cost of administering the EB-5 program while working toward processing-time goals.
The US government has proposed significant reductions in several EB-5 immigrant investor filing fees, including cutting the cost of an initial investor petition by $1,535, under a new fee structure that has advanced toward a final rule.
Under the Department of Homeland Security proposal, the total fee for an initial Form I-526 or Form I-526E petition would decrease from $11,160 to $9,625, a reduction of about 14%. The proposed $9,625 total includes a new $95 EB-5 technology fee.
Another major proposed reduction involves Form I-829, Petition by Investor to Remove Conditions on Permanent Resident (green card) Status. That filing fee would decrease from $9,525 to $7,860, a reduction of $1,665, or about 17%.
The lower fees are not currently in effect. DHS published them as part of a proposed rule on October 23, 2025. The rule has since advanced through the federal regulatory process, but applicants should continue to rely on the applicable USCIS fee schedule until a final rule establishes new fees and specifies when they take effect.
For prospective investors from India and other countries considering the EB-5 program as a route to U.S. permanent residence, the proposal could reduce some of the substantial government filing costs associated with the program if the reductions are retained in the final rule.
Regional centers could also see substantial fee reductions
The proposed changes extend beyond individual investors. USCIS has proposed reducing the initial Form I-956, Application for Regional Center Designation, fee from $47,695 to $28,895 — a decrease of $18,800.
The proposed fee for an amendment to Form I-956 would be $18,480.
For Form I-956G, the annual statement filed by regional centers, the proposed fee would decrease from $4,470 to $2,740.
The proposal would set the Form I-956F fee at $29,935 and would establish other new or revised charges as DHS implements fee-related provisions of the EB-5 Reform and Integrity Act of 2022.
Not every provision would result in a lower cost.
DHS has proposed creating Form I-527, Amendment to Legacy Form I-526, with an $8,000 filing fee. The form would be used by certain investors who filed Form I-526 before enactment of the 2022 law and need to amend their petitions in specified circumstances.
Why is USCIS proposing to reduce EB-5 fees?
The proposed reductions may appear surprising because USCIS substantially increased a number of immigration filing fees in 2024. But DHS says an EB-5-specific fee study found that keeping the existing EB-5 fees would generate more revenue than the projected cost of administering the program. That does not mean USCIS concluded that operating the EB-5 program had become cheaper.
In fact, DHS estimated that the total cost associated with Forms I-526 and I-526E would be approximately $35.5 million, compared with about $30.3 million estimated for Form I-526 in the 2024 fee rule.
Instead, the agency's analysis found that the revenue expected from maintaining the existing fee levels would exceed projected program costs, providing the basis for recalculating the fees.
In developing the proposed schedule, DHS considered expenses including information technology, program management and oversight, national-security vetting and investigations, human resources, facilities, accounting, budgeting and legal support.
2022 law prompted a new EB-5 fee study
The proposed reductions also stem from requirements imposed by Congress. The EB-5 Reform and Integrity Act of 2022 directed DHS to establish fees related to the cost of administering the EB-5 program while working toward statutory processing-time goals.
USCIS subsequently increased EB-5 fees as part of its broader 2024 immigration fee rule. However, DHS said that rule did not implement the specific fee-setting requirements contained in the 2022 EB-5 legislation. The new EB-5 fee rule is intended to address those requirements.
New $95 technology fee proposed
Although the overall initial investor filing fee would decline, DHS has proposed adding a separate EB-5 technology fee.
The proposed underlying fee for an initial I-526 or I-526E petition is $9,530. A $95 technology fee would bring the total to $9,625.
The 2022 law authorized USCIS to collect a technology fee of up to 1% of the applicable petition fee.
USCIS said the money would support information-technology improvements for the EB-5 program, including efforts to move the Immigrant Investor Program Office away from paper-based processing and toward an electronic system covering the lifecycle of cases.
What the proposal could mean for Indian investors
If the proposed amounts are retained in the final rule, an investor filing an initial I-526 or I-526E petition would pay $1,535 less than under the fee level identified by DHS in its proposal. Later in the process, an investor filing Form I-829 would pay $1,665 less under the proposed schedule.
Together, those two filing stages would represent $3,200 in lower USCIS fees for an investor who ultimately makes both filings, assuming the proposed amounts are adopted without change.
These figures concern USCIS filing fees only. They do not reduce the investment capital required to qualify for the EB-5 program and do not include legal, administrative or other expenses that an investor may incur.
The distinction is particularly important for Indian families evaluating the EB-5 route: the government is proposing to lower certain administrative filing charges, not the underlying EB-5 investment requirement.
Proposal has moved toward a final rule
DHS published the proposed EB-5 fee rule on October 23, 2025, and accepted public comments through December 22, 2025. The regulation has since advanced to the final-rule stage.
DHS submitted a final rule for review to the White House Office of Information and Regulatory Affairs on August 19, 2026. OIRA completed that review on September 9, 2026, with the designation “Consistent with Change.”
Completion of White House regulatory review is an important procedural development, but it does not mean the proposed lower fees have taken effect.
It is also important not to assume that every fee in the October 2025 proposal will appear unchanged in the final regulation. DHS can modify provisions after considering public comments and completing the regulatory review process.
The final rule will therefore be critical for EB-5 investors. It should establish which proposed fee changes have been retained, the final amounts applicants will pay and when the new fee structure becomes effective.
Until then, EB-5 applicants should not assume that the proposed lower fees are available and should continue to check the applicable USCIS fee requirements when filing.
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