The U.S. Department of Homeland Security (DHS) has announced a proposal to significantly lower fees across the EB-5 Immigrant Investor Program, easing costs for both investors and regional centers. The draft rule, recently published for public comment, outlines reductions of up to 61% for regional center and project-related filings, and 14% to 17% for core investor petitions.
In addition to the fee cuts, DHS is introducing a new Form I-527, designed to assist legacy investors who filed under Form I-526 before March 15, 2022. This new form would provide a corrective pathway for those affected by regional center terminations or debarments, preserving their eligibility under the Immigration and Nationality Act.
The proposal also addresses a long-standing administrative gap by allowing dependents of a deceased EB-5 investor to file a single Form I-829 to remove conditions on their residency, an important procedural fix for affected families.
What’s Changing – Fee Reductions at a Glance
Under the proposed rule, key adjustments include,
Investor Filing Fees
- For filings of Form I‑526 / I‑526E (initial investor petitions): current fee US $11,160, proposed fee US $9,625 (about 14 % reduction).
- For amendments to I-526E: current US $11,160, proposed US $9,530 (about 15 % reduction).
- For Form I‑829 (petition to remove conditions on permanent residence): current US $9,525, proposed US $7,860 (about 17 % reduction).
- Introduction of a new form, Form I‑527 (Amendment to Legacy Form I-526) with proposed fee US $8,000.
Regional Centre & Project Filing Fees
- Form I‑956 (initial regional centre designation): from US $47,695 to US $28,895 (~39 % reduction).
- For I-956 amendment: from US $47,695 to US $18,480 (~61 % reduction).
- For Form I‑956F (project approval): from US $47,695 to US $29,935 (~37 % reduction).
- For Form I‑956G (annual statement): from US $4,470 to US $2,740 (~39 % reduction).
Other Notable Additions & Clarifications
- The proposal introduces a new USCIS EB-5 Technology Fee of $95, applicable to each EB-5 form filing, to fund technology and system modernization initiatives.
- The rule clarifies procedures for dependents of deceased EB-5 investors, allowing eligible spouses and children to continue the process to remove conditions on residence and, where applicable, to be included under a principal Form I-829 filing.
- The proposed adjustments stem from a fee study mandated by the EB‑5 Reform and Integrity Act of 2022 (RIA), requiring DHS to align program fees to the actual cost of administering the EB-5 filings.
Why the Change – Context & Rationale
Under RIA, DHS and the U.S. Citizenship and Immigration Services (USCIS) are required to conduct an EB-5-specific fee study and set fees that approximate the cost of adjudicating benefit requests and meeting statutory processing-time goals.
DHS states the currently proposed fee reductions reflect updated assumptions about volume of filings and adjudication resources, and a decision not to allocate EB-5 fees to non-EB-5 services (which had previously inflated the fee base).
The publication of the Notice of Proposed Rulemaking (NPRM) on October 23, 2025 opens a 60-day public comment period (ending December 22, 2025).
It is important to emphasise: nothing in the proposal is final. Until DHS publishes a final rule and sets an effective date, current fees remain in effect.
Key Caveats & What to Watch
- As noted above, the rule is proposed, not yet final. Final fees may vary and an effective date must be announced.
- The minimum investment thresholds (e.g., US $1.05 m standard / US $800k for rural/TEA) remain unchanged by this fee-proposal.
- Processing-time goals are reiterated (e.g., 240 days for regional centre investors) but are goals only, not legally enforceable timelines.
- While fees are lower, other costs (investment amount, legal fees, administrative/project-fees) remain significant. Cost reduction in filing fees is only one piece of the EB-5 economics.
- Global conditions (visa backlogs, country caps, regional centre viability, project risks) remain material and are unaffected by the fee rule.
Final Take
While the Department of Homeland Security’s proposal marks a positive step toward reducing administrative costs in the EB-5 program, it is not yet in force. The fee cuts, new Form I-527, and related procedural updates will only take effect after DHS reviews public comments and publishes the final rule in the Federal Register. Until then, investors and regional centers must continue using the current fee schedule. These proposed changes signal the government’s intent to make EB-5 administration more efficient, but they do not yet alter existing filing requirements.
