EB-5 changes: filing fees roughly double Nov. 30, investment amounts rise in 2027, reform proposal pending
A DHS final rule published Sept. 30 sharply raises EB-5 filing fees on Nov. 30; the I-526E goes from $3,675 to $7,850. Petitions filed by Dec. 31 still qualify at $800,000 or $1.05 million; on Jan. 1, 2027, the amounts adjust for inflation. Grandfathering protection for regional center investors ended Sept. 30.
Key points
- Nov. 30: new EB-5 fees take effect by postmark date. The I-526E rises from $3,675 to $7,850, the I-526 to $7,615, the I-829 from $3,750 to $5,000 and the regional center I-956 from $17,795 to $44,115; pending filings owe nothing more.
- Sept. 30: the RIA grandfathering deadline passed; regional center I-526E petitions filed before it will be adjudicated even if the program lapses.
- Dec. 31: the last day to file at current amounts; on Jan. 1, 2027, they adjust by CPI-U, with new figures to be announced by DHS.
- Reform proposal: a $1.4 million tier for high employment areas, no standalone “troubled business” path, a two-year sustainment period and promoter registration; comments closed Aug. 31.
- Data: 13,520 I-526/I-526E petitions were filed from April 2022 through July 2025, 6,888 of them — about 51% — from mainland China.
Five key dates
| Date | Event | What it means |
|---|---|---|
| Sept. 30, 2026 | RIA grandfathering deadline (passed) | Regional center I-526E petitions filed by then will be adjudicated even if the program’s authorization lapses |
| Nov. 30, 2026 | New EB-5 fees take effect | By postmark date; the I-526E fee rises from $3,675 to $7,850 |
| Dec. 31, 2026 | Last day at current amounts | File at $800,000 (TEA or infrastructure) or $1.05 million (standard) |
| Jan. 1, 2027 | Automatic adjustment | Amounts rise by CPI-U for I-526E petitions filed after Dec. 31, 2026 |
| Sept. 30, 2027 | Regional center authorization expires | Congress must reauthorize; direct EB-5 investment is permanently authorized and unaffected |
Figures circulating for 2027, such as roughly $900,000 for the TEA tier, are estimates; DHS has not announced the new amounts.
Filing fees roughly double on Nov. 30
On Sept. 30, DHS published a final rule in the Federal Register raising EB-5 fees, saying current fees do not cover program costs. Filings postmarked on or after Nov. 30 pay the new fees; filings postmarked by Nov. 29 pay the old ones, and pending cases owe nothing more.
| Form | Current fee | From Nov. 30 |
|---|---|---|
| I-526E (regional center investor) | $3,675 | $7,850 |
| I-526 (direct investment) | $3,675 | $7,615 |
| I-829 (removal of conditions) | $3,750 | $5,000 |
| I-956 (regional center application) | $17,795 | $44,115 |
| I-527 (new form) | — | $10,330 |
The new I-527 is for investors who filed before the 2022 RIA and whose regional center was later terminated or whose project was debarred. Law firms differ on whether the I-526E figure already includes the technology fee, so check the USCIS fee page before filing.
What the reform proposal says
On July 2, DHS published a proposed rule to fully implement the EB-5 Reform and Integrity Act of 2022 (RIA). Comments closed Aug. 31; the rule is not final. Key provisions: a new $1.4 million investment tier for “high employment” areas with unemployment well below the national average; elimination of “troubled business” as a standalone path; a minimum two-year sustainment period for invested capital; expanded DHS authority to audit, sanction, suspend and terminate regional centers, plus registration for promoters; and a path for good-faith investors to preserve eligibility when a project or regional center runs into trouble.
Chinese investors and the set-aside visas
Total: 13,520. “Other” is the total minus the items shown.
Source: USCIS data obtained by AIIA through FOIA. Chart by Hibee.
| Item | Value |
|---|---|
| Mainland China | 6,888 |
| India | 2,988 |
| South Korea | 433 |
| Vietnam | 395 |
| Other countries and regions | 2,816 |
USCIS data obtained by the American Immigrant Investor Alliance (AIIA) through a Freedom of Information Act request show 13,520 I-526/I-526E petitions filed from April 2022 through July 2025, including 6,888 from mainland China — about 51% — and 2,988 from India.
Sources: USCIS data obtained by AIIA through FOIA; RIA statutory set-asides. Chart by Hibee.
| Item | Investors filed (through Jan. 2025) | Visas per year (excluding carryover) |
|---|---|---|
| High unemployment | 5,191 | 1,000 |
| Rural | 4,329 | 2,000 |
By January 2025, 5,191 investors had filed in the high-unemployment set-aside and 4,329 in the rural set-aside, against roughly 1,000 and 2,000 visas a year, respectively, plus any unused numbers carried over — a real risk of future backlogs. In the October 2026 Visa Bulletin, the set-aside categories remain current on the dates-for-filing chart, while the final action date for unreserved mainland China EB-5 remains Dec. 1, 2016.
Is it too late to get married?
No. What matters for a derivative spouse is not the I-526E filing date but whether the couple is legally married before the principal investor becomes a conditional permanent resident — when the I-485 is approved or the investor is admitted on an immigrant visa. Marry before then, and your spouse can qualify as a derivative, filing an I-485 in the U.S. or following to join from abroad. Marry afterward, and your spouse is no longer a derivative and would need to apply separately in the F2A category. For children, USCIS has calculated CSPA age using the final action dates chart since Aug. 15, 2025; children near 21 need a separate calculation.
What it means for you
- To lock in both the current fees and the current investment amounts, mail the I-526E before Nov. 30; to lock in the investment amount alone, file by Dec. 31.
- Source-of-funds scrutiny is rising, so document the path of funds thoroughly.
- If you are in the U.S. in lawful status and investing in a set-aside project, consider filing the I-526E and I-485 together.
- Watch for DHS’s 2027 amounts, whether the proposed rule is finalized and whether Congress reauthorizes the regional center program before September 2027.
Timeline
- EB-5 Reform and Integrity Act takes effect; regional center program authorized through Sept. 30, 2027
- DHS publishes the EB-5 proposed rule
- Comment period closes
- Grandfathering deadline; DHS publishes the EB-5 fee final rule the same day
- New EB-5 fees take effect (by postmark)
- Last day to file at current amounts
- Investment amounts adjust by CPI-U
- Regional center authorization expires
Sources
- Peachtree Group: After the grandfathering deadline
- Erickson Immigration Group: The EB-5 proposed rule
- Buchalter: Grandfathering, the proposed rule and source-of-funds scrutiny
- Fennemore: Key points of the proposal
- AIIA: USCIS FOIA data through July 2025
- EB5 Insights: Set-aside filings through January 2025
- U.S. Department of State: Visa Bulletin
Research and further reading
Wondering what this means for your case?
Hibee’s team can assess it against your status, timeline and employer.
This article reflects public information as of Oct. 15, 2026. It is for general information only and is not legal advice. Hibee is not a law firm; for your specific case, rely on the latest official guidance and a licensed attorney.
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