Policy Update · Final rule published September 30, 2026 · JBNP Law
USCIS has finalized new fees for the EB-5 program. They apply to anything postmarked on or after November 30, 2026, so investors and regional centers with filings in preparation have a short window to plan.
On September 30, 2026, USCIS published the EB-5 fee final rule at 91 FR 61940 (Federal Register; RIN 1615-AC93, DHS Docket USCIS-2025-0139). The rule is effective November 30, 2026, and the text states that any application, petition, or request postmarked on or after that date must be accompanied by the new fees.
According to the rule, form fees rise by about 70.7 percent on average, or roughly $2,945.90 on a weighted-average basis. The per-form fee table appears in the rule as an image, so check the table in the Federal Register for the exact amount for each form before you file.
The text does state several specific changes. The Integrity Fund fee for Form I-526E goes from $1,000 to $1,100. The regional center fee goes from $10,000 to $11,000, and for certain regional centers from $20,000 to $22,000. A new EB-5 technology fee of $75 applies to applicable filings, mainly Forms I-526 and I-526E; the proposed rule had suggested $95. USCIS says it will recover the costs of regional center terminations and reaffirmations through the fees for initial Forms I-956 and I-956F.
The rule says the “current” fees it compares against are the pre-March 31, 2024 amounts, which USCIS restored on November 12, 2025 following the Moody v. Noem litigation in the District of Colorado. The agency estimates the rule covers about 16,600 EB-5 filings a year.
The postmark date is the line that matters. For clients whose petitions are ready, we are looking at whether to file before November 30 and which fee applies to each form. For clients still gathering source-of-funds evidence, we are building the budget around the new fees and the technology fee rather than the old schedule. We also check the filing against the program’s other deadlines before deciding on timing.
If you are considering EB-5, see our EB-5 practice page and our earlier update on the September 30 grandfathering deadline, then book a consultation to plan around the November 30 date.
This post is general information, current as of when it was written — not legal advice, and no substitute for talking to an attorney about your own case. This area is changing quickly, and reading this doesn’t make us your lawyers. Please get advice on your specific situation before you act.