USCIS Proposes EB-5 Investor Filing Fee Increase
By Michael H. Markovitch, esq. on January, 09, 2023
On January 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) posted a
Notice of Proposed Rulemaking (NPRM) recommending an increase in EB-5 Fees, among other
immigration fees.
Overview
USCIS uses fees from petitioners to recover operating costs and to reduce and prevent
case processing backlogs. Every few years, USCIS conducts a comprehensive fee review, to
forecast the expenses associated with the time and resources needed for adjudication of each
petition and the revenue anticipated from receipt of new applications. USCIS typically receives
96 percent of its funding from filing fees, as opposed to Congressional appropriations.
Fee Increase
The proposed fee for Form I-526E, Immigrant Petition by Regional Center Investor, is
$11,160, a $7,485 or 204 percent increase from the current $3,675 fee.
The proposed fee for Form I-829, Petition by Investor to Remove Conditions on
Permanent Resident Status, is $9,525, a $5,775 or 154 percent increase from the current $3,750
fee.
Processing Times
Over the past few years USCIS’s capacity to timely adjudicate cases, has decreased. The
EB-5 Reform and Integrity Act of 2022 requires USCIS to set fees at a level sufficient to recover
the costs of completing investor petition adjudications within an improved processing time of
120 to 240 days. So while the 200% price increase is significant, an improvement in processing
times will be a welcome change for EB-5 investors.
The good news is investors who file now can still enter the queue for improved
processing times without paying the additional fees. The 60-day public comment period starts
following publication of the NPRM in the Federal Register. Fees will not change until the final
rule goes into effect, after the public has had the opportunity to comment and USCIS finalizes
the fee schedule in response to such comments.
For further information or questions you may have, please do not hesitate to contact The
Law Offices of Michael H. Markovitch.
