DHS Proposes Reduction in EB-5 Fees

The Department of Homeland Security (DHS) is rolling out reductions to EB-5 Investor Visa fees. The proposed rule drops the filing fee for a Form I-526 petitions from $11,160 to $9,625. If implemented, investors pay fourteen percent less than they already do. Public commenting on the proposed EB-5 fees last for sixty days.

The EB-5 visa program gives foreign investors a path to permanent residency for investing $1 million in capital towards rural area projects creating at least ten U.S. jobs. Each year, the U.S. accepts ten thousand visas. The new proposal codifies fees for the EB-5 visa integrity fund.

The proposed rule tacks on penalties for not paying the integrity fund fee, consisting of ten percent of the integrity fund fee if it’s paid thirty-one to sixty days late and twenty percent if it’s sixty-one to ninety days late. Regional centers that take longer than ninety days are terminated by U.S. Citizenship and Immigration Services (USCIS). The current integrity fund fee deadline is October 1, 2025.

Additionally, the rule clarifies that when a spouse or child isn’t included in an investor’s I-829 form, they can file their own I-829 by the deadline of the principal investor’s petition. If the investor dies, dependents can still file as derivatives of the investor’s original petition. The new fee rules are effective as of December 21, 2025.

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