The Department of Homeland Security (DHS) has proposed a new rule affecting the EB-5 Immigrant Investor Program, just over a year after immigration filing fees were significantly increased in April 2024. Under the EB–5 Reform Act, DHS is authorized to set fees, and this rule proposes several changes, including reductions to the EB-5 fees charged by U.S. Citizenship and Immigration Services (USCIS). Major changes include:

Discounted Fees and New Technology Fee

DHS is proposing to reduce several EB-5 filing fees while introducing a technology fee to help USCIS in modernizing its systems. The proposed fee adjustments shown in the table below include this new technology fee. The initial Form I-526 and Form I-526E applications would be subject to this technology fee.

EB-5 Integrity Fund Fees and Penalties

DHS also proposes penalties for regional centers that fail to pay or submit late EB-5 Integrity Fund fees, as established under the EB-5 Reform Act. These fees require $1,000 from each regional center investor and $10,000 or $20,000 from designated regional centers, depending on the total number of investors they sponsor.

Clarifying Form I-829 Filing for Investors’ Family Members

The rule also clarifies how EB-5 investors’ spouses and children (derivative beneficiaries) should file Form I-829 petitions when they are not included on the principal investor’s petition, including whether each derivative should file their own separate Form I-829 petition or whether the derivatives can jointly file on the same petition. This is the final step in removing conditions on green cards, resulting in a permanent green card.

Current regulations do not clearly specify whether family members must file separately or can be included on a single form. The proposed rule clarifies this by:

If the principal investor has passed away, the spouse and children may submit a single, joint Form I-829;
In all other cases, each family member must file a separate Form I-829 if they are not included on the principal investor’s petition; and
Any derivative filing separately must adhere to the same filing deadline that applied to the principal investor.

Processing Time Goals

In line with the EB-5 Reform Act, DHS proposes these fee adjustments with “the goal of completing adjudications, on average,” within 90, 120, 180, or 240 days, as applicable, after the immigration benefit request is received. DHS notes, however, that the law does not require firm deadlines for adjudications or impose penalties on USCIS, such as fee refunds, if processing times exceed such goals.

Thus, DHS does not propose to codify any specific processing deadlines or penalties for missing such goals. USCIS will continue to work toward meeting the EB-5 Reform Act’s target timeframes as efficiently as possible, while prioritizing accuracy and maintaining the integrity of the program.

Public Comment Period

DHS is inviting the public to share feedback on the proposed rule until December 22, 2025. You can read the full proposal and submit comments on the Federal Register here: Federal Register

If implemented, the proposed fee adjustments could reduce overall costs for both investors and regional centers. Lower costs can make EB-5 more attainable by investors who are from countries that face long green card backlogs in other categories.

We’ll continue to monitor this proposed rule and share updates as they come.