The Department of Homeland Security is set to introduce a new rule aimed at modifying the EB-5 filing fee structure and providing technical clarifications to streamline the program. The Department of Homeland Security (DHS) has proposed significant changes to the EB-5 investor visa program, including a 14% reduction in petition fees for Form I-526 and I-526E, 17% reduction for Form I-829, and a new technology fee of $95.
The Department of Homeland Security (DHS) has proposed to adjust Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS).
In certain cases, the proposed fee may be the sum of several fees. For example, the initial I-526 and I-526E EB-5 immigration benefit requests require an additional technology fee of $95, under this proposed rule.
A new form has also been introduced. The new Form I-527 is designed for investors whose Regional Center was terminated or debarred, particularly those filing before March 2022 and awaiting adjudication.
DHS proposes the following major changes:
Adjusting EB-5 program fees according to the schedule in Table 1;
Establishing the USCIS EB-5 technology fee;
Codifying EB-5 Integrity Fund fees and penalties; and
Establishing Form I-527, Amendment to Legacy Form I-526.
Clarifying the process by which an alien investor’s spouse and children file separate Form I-829 petitions when they are not included in the Form I-829 filed by the alien investor.
EB-5 Proposed Fees
Currently, I-526 Immigrant Petition by Standalone Investor—Initial (with $95 technology fee) fee is $11,160. The proposed fee will be $9,625, lower by $1,535 or 14%.
Similarly, I-526E Immigrant Petition by Regional Center Investor—Initial (with $95 technology fee) fee is proposed to be $9,625, lower by $1,535 or 14% than the current fee of $11,160.
Fee for I-829 Petition by Investor to Remove Conditions on Permanent Resident Status will also stand reduced by 17% to $7,860.
EB-5 Program
The EB-5 program makes approximately 10,000 visas available annually to qualified immigrants (and their dependents) who invest at least $1,050,000, or a discounted amount of $800,000 if the investment is in a targeted employment area (TEA) (which includes certain rural areas and areas of high unemployment) or an infrastructure project, in a U.S. business that will create at least 10 full-time jobs in the United States for qualifying employees.