US proposes lower EB-5 investor visa fees, adds new charges for regional centres

The Department of Homeland Security ( DHS) has proposed a new fee structure for the EB-5 Immigrant Investor Program that reduces some filing charges while introducing new fees and penalties for regional centres. The plan also codifies integrity fund payments and updates filing procedures for investor dependents, according to the public notice from the Federal Register.

What is changing
Under the proposal, the filing fee for Form I-526, used by standalone investors, will fall from $11,160 to $9,625, a 14 percent cut, with an added $95 technology fee. The same reduction applies to Form I-526E, used by regional centre investors.

A new Form I-527, meant for amendments to legacy investor petitions, will carry an $8,000 fee, where none exists now.

For regional centres, the Form I-956 application fee will drop from $47,695 to $28,895, a 39 percent decrease, while other related forms will also see lower costs.

Integrity fund rules
The EB-5 Integrity Fund, established under the 2022 reforms, will collect annual payments of $10,000 or $20,000 from each designated regional centre, depending on size. An additional $1,000 per investor will be charged with each I-526E filing. Late payments will attract penalties of 10 percent if delayed by up to 60 days and 20 percent if delayed up to 90 days. Non-payment beyond 90 days could lead to termination of the regional centre designation.

The DHS said the proposed changes are intended to align fees with program costs, strengthen oversight, and support fraud detection and security vetting under the EB-5 Reform and Integrity Act of 2022.

According to the department’s estimates, the rule will affect about 11,260 filings each year, reducing the average fee by around $2,259 or 14.7 percent.

Public comments on the proposal are invited within 60 days of its publication in the Federal Register. Once finalised, the revised structure will take effect after a formal notice period.

India remains one of the top sources of EB-5 applicants. The proposed fee cuts could reduce upfront costs for Indian investors, but the new fund contributions and compliance requirements for regional centres may add administrative complexity to the process.