Expected Costs of the EB-5 Visa Program
In order to complete the EB-5 process, foreign nationals must file three separate petitions with United States Citizenship and Immigration Services (USCIS): Form I-526 (Immigrant Petition by Alien Entrepreneur), Form I-485 (Application to Register Permanent Residence or Adjust Status), and Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status). The filing of Form I-526 must include proof that the investment funds were legally obtained as well as details of the proposed project that specifically show how the project will meet the requirements of the EB-5 Program as a new commercial enterprise (NCE) capable of creating 10 full-time jobs that will last for two years. As part of Form I-485, investors need to provide documentation of their eligibility for immigration to the United States, which may include medical records and other legal documents. The final petition, Form I-829, must demonstrate that the investment has resulted in the creation of the required 10 jobs, that the investment has remained at risk, and that the investor’s capital has not yet been paid back.
These petitions are filed in stages throughout the investment process, and each stage carries its own set of costs. To give an idea of how much money the entire process costs and where that money goes, we have provided a breakdown of fees for each petition/stage. The breakdown provided is based on an investment of $500,000, which is the dollar amount required for an investment in a targeted employment area (TEA). The fees outlined below are estimates and should be used for demonstration purposes only.
Estimated Costs by Stage
First Stage – Filing Form I-526
Initial Investment Capital Total Amount (for TEA)- $500,000
Administrative Fee (paid to NCE) – $50,000
Initial Application Fee (paid to USCIS) – $3,675
*Other fees in this stage may include attorney fees, report writing fees, and money transfer fees.
Second Stage – Filing Form I-485
USCIS Filing Fees (per family member over age 14) – $1,140
USCIS Filing Fees (per family member under age 14) – $750
Other USCIS Processing Fees – $490
*Other fees in this stage may include attorney fees and money transfer fees.
Estimated Total of $553,675+ Attorney Fees
Third Stage – Filing Form I-829
USCIS Processing Fee – $3,750
*Other fees in this stage may include attorney fees, processing fees, and money transfer fees.
Also keep in mind the processing timeframes for each stage. Due to the high volume of petitions received by USCIS annually, delays in processing times should be expected. Petitions must be reviewed thoroughly with due diligence on the part of USCIS to ensure that all requirements of the EB-5 Program are met before permitting immigration and permanent resident status. Timeframes are constantly changing, but estimates generally range from several months to two years per petition.