If you are planning an EB‑5 investment, two approaching deadlines could significantly increase the cost of pursuing an EB‑5 Green Card.
The cost of filing an EB‑5 investor petition is about to rise sharply. Under a final rule published by the Department of Homeland Security (DHS), the filing fee for Form I‑526E will increase from $3,675 to $7,850 on November 30, 2026. Form I‑526E is the petition filed by an investor in a regional center project.
That is a $4,175 increase for the petition alone. Investors also pay a separate EB‑5 Integrity Fund fee, which will rise from $1,000 to $1,100.
Together, those two charges will increase from $4,675 to $8,950 for an initial I‑526E filing, an increase of $4,275.
Petitions postmarked before November 30 still pay the current fee amounts. But anyone considering EB‑5 should begin the legal and financial preparation now, especially for documenting the source of investment funds.
“Two months may sound like plenty of time, but an EB‑5 petition takes time to prepare properly,” says Sam Silverman, managing partner of EB5AN. “The first step is to speak with an immigration attorney and start working through the source of funds. That gives investors a realistic picture of when they can file and what they still need to do.”
There is another change ahead. EB‑5 minimum investment amounts are scheduled to adjust on January 1, 2027. For an investor considering a qualifying project at today’s $800,000 minimum, filing before the two changes could make a substantial difference in the capital required.
The bottom line: A petition postmarked before November 30, 2026, avoids $4,275 in higher government charges. A petition filed before January 1, 2027, may also qualify at today’s $800,000 minimum investment, before the scheduled inflation adjustment.
What Is Changing on November 30?
Why This Is a Significant Cost Increase for EB‑5 Investors
What Prospective EB‑5 Investors Should Do Now
Get Started Before EB‑5 Costs Rise
What Is Changing on November 30?
DHS published its final EB‑5 fee rule on September 30, 2026. The rule sets new USCIS fees for several EB‑5 petitions and applications. For prospective EB-5 investors, the most significant change is the fee for Form I‑526E, Immigrant Petition by Regional Center Investor. This is the investor’s petition asking USCIS to classify them under the EB‑5 program based on an investment associated with a regional center.
Here is the cost of an initial I‑526E filing under the current and new schedules:
| Fee | Before November 30, 2026 | On or after November 30, 2026 |
|---|---|---|
| Form I-526E filing fee | $3,675 | $7,850 |
| Separate EB-5 Integrity Fund fee | $1,000 | $1,100 |
| Total of these two charges | $4,675 | $8,950 |
| Increase | — | +$4,275 |
This table covers only these two government charges, not the EB‑5 investment amount itself. It also excludes a project’s administrative fee, attorney fees, and the cost of any other immigration applications an investor or family member may need to file.
The new fees apply to petitions postmarked on or after November 30, 2026. An investor planning to use the current fees should work backward from that date with an immigration attorney.
The final I‑526E amount is lower than DHS initially proposed. Its October 2025 proposal called for a $9,625 fee for an initial investor petition. DHS revised its calculations before issuing the final rule and set the regional center investor petition fee at $7,850.
That reduction from the original proposal is good news for EB-5 investors, but the final fee amount is still more than twice the $3,675 petition fee in effect today.
DHS says the revised fees reflect updated estimates of the work and costs involved in administering the EB‑5 program. Separately, the Integrity Fund fee helps support the program oversight activities authorized by the EB‑5 Reform and Integrity Act of 2022. Its increase from $1,000 to $1,100 is part of an inflation adjustment in the final rule.
Why This Is a Significant Cost Increase for EB‑5 Investors
A combined $4,275 increase in these two government charges for an initial I‑526E filing is significant on its own. It is also arriving at a point when prospective EB-5 investors may already be budgeting for several costs: the required investment, project fees, legal representation, document collection, and a possible move to the United States.
Investors applying with family members often ask whether the new I‑526E fee applies to each person. It does not. The fee is tied to the investor’s petition and is not charged again for each spouse or child included on that petition.
A spouse and eligible children can, however, have separate costs later in the immigration process, depending on whether they apply for visas abroad or file their own adjustment of status applications in the United States.
Another concern for someone still deciding when to begin EB‑5 is that the filing fee increase is followed closely by a scheduled change to the minimum investment amounts. Under current law, the minimum is $800,000 for an investment in a qualifying targeted employment area (TEA), such as a rural or high-unemployment area, or in an infrastructure project. The standard minimum is $1,050,000.
These amounts are scheduled for an inflation adjustment on January 1, 2027. The final adjusted amounts have not yet been announced.
That creates two dates to plan around:
- November 30, 2026: The higher I‑526E filing and Integrity Fund fees take effect for petitions postmarked on or after this date.
- January 1, 2027: The EB‑5 minimum investment amounts are scheduled to adjust for petitions filed on or after the adjustment date.
An investor who can complete a strong I‑526E filing before November 30 may avoid the $4,275 increase in the two government charges discussed above. An investor who can file before the January investment adjustment may also be able to qualify under the current minimum investment amount.
The potential difference in required EB-5 investment capital could be much larger than the filing fee difference—possibly $100,000 or more.
If you are considering an EB‑5 investment before these deadlines, ask yourself: how much time is needed to document the funds, review an appropriate project, make the investment, and prepare a complete I‑526E petition?
An EB-5 investor who starts that work now has more room to address missing records or questions about a transfer of funds. Someone who waits until late November may find that a desired filing date is unrealistic.
Saving on fees is a good reason to get started. It is not a reason to choose an EB-5 project in a hurry or submit a petition before the source-of-funds evidence is ready. Investors need enough time to make both decisions carefully.
What Prospective EB‑5 Investors Should Do Now
The first step is to establish a filing plan with an experienced EB‑5 immigration attorney. The attorney can assess the investor’s circumstances, identify the evidence needed for the source of funds, and explain how the November fee change and January investment adjustment apply to the I-526E filing.
A simple order of work is:
- Speak with an EB‑5 immigration attorney. Discuss eligibility, the family’s immigration plans, expected timing, and any issues that could affect the petition. Ask the attorney to set a realistic target for assembling and filing the case before the relevant dates.
- Start documenting the source and path of funds. Work with your attorney to identify where the investment funds originated and collect records that show how they moved. The documents needed will depend on the facts. Earnings, a business sale, a gift, an inheritance, or proceeds from a property sale can involve different records and explanations.
- Review projects and regional centers. Once the source-of-funds work is underway, compare EB‑5 projects. Examine the project’s business and financial information, job creation approach, investment terms, and regional center. Coordinate the project decision with your attorney so the investment and I-526E petition can be prepared together.
This sequence is particularly useful when time is short. Source-of-funds documentation often determines the real filing schedule. An investor may know where the funds came from but still need older tax documents, bank statements, sale agreements, gift records, translations, or records from more than one country. Identifying those needs early gives the attorney time to develop a clear documentation narrative.
The project review matters just as much. Regional center investors file Form I‑526E based on a particular investment project. The regional center must file the project application, Form I‑956F, before investors can file I‑526E petitions based on that project. An investor and attorney should confirm the status of that project filing as part of their preparation.
Ask direct questions in writing while comparing EB-5 projects. How is the investment structured? What are the expected sources of job creation? What evidence supports the project’s budget and timeline? What are the conditions and timing for a potential return of capital?
Once you’ve selected an EB-5 project, your immigration attorney can coordinate the final evidence, investment documentation, forms, and payments for your I-526E filing. Before filing, confirm the applicable USCIS fee schedule. For a petition postmarked before November 30, the current I‑526E and Integrity Fund charges total $4,675. On or after November 30, the charges established by the final rule total $8,950. Your attorney should also check the current USCIS instructions when preparing payment and submission.
If you hope to file before November 30, give yourself room for delays. Bank records, transfers, and document reviews can take longer than expected. Starting the source-of-funds work now will show you and your attorney whether that date is realistic. If it isn’t, you’ll still be further along before the investment minimum changes in January.
Get Started Before EB‑5 Costs Rise
The cost of filing an EB‑5 investor petition is going up on November 30. Then, on January 1, 2027, the minimum investment amounts are scheduled to rise as well. The exact new investment minimums have yet to be confirmed, but the I‑526E fee increase is final.
“Investors have a window to file under today’s fees, but the source-of-funds paperwork has to support the petition,” says Silverman. “Start with your immigration attorney and your source of funds. Then take the time to choose an EB-5 project you find trustworthy. That’s how you give yourself a real chance to meet the deadline and file a strong I-526E petition.”
EB5AN can help you explore available EB‑5 projects and understand the next steps. Schedule a free consultation to discuss your plans and map out a timeline before November 30.