Can You Avoid the Upcoming EB-5 Government Fee Increases?

The United States Citizenship and Immigration Service (USCIS) recently confirmed that significant fee increases to a variety of immigration applications will take effect as of April 1.

Fee increases

The EB-5 category is one of the most substantially impacted by the changes. The fee for Forms I-526 and I-526E, which constitutes the initial application in the EB-5 green card process, is currently $3,675, but will increase to $11,160 on April 1. Further, the fee for Form I-829 to remove conditions on residence will increase from $3,835 to $9,525.  

Impact of changes and how Fragomen can help

Despite the steep fee increases, there is some good news for potential investors.

Investors can still file their I-526/I-526E petitions at the lower fee of $3,675 if the application is received by USCIS on or before April 1. Fragomen's EB-5 team is well-equipped to expedite and prepare applications as quickly as possible for investors looking to proceed, to ensure they are locked into the lower initial filing fee.

In addition, USCIS is still approving I-526E petitions in record time (on average, three to four months) if the Regional Center project selection is strategic. Fragomen EB-5 Partners and legal teams will carefully advise on which projects will benefit from this lightning-fast processing time.

Finally, India and China-born nationals are still eligible to concurrently submit their Adjustment of Status applications with the initial EB-5 filing, provided that a suitable Regional Center project is selected by the investor. They will receive their green cards in approximately 12 months from the date of initial filing, given current USCIS processing times, in line with other nationals. This is a significant benefit to India- and China-born nationals who would otherwise experience long green card backlogs under other employment-based green card categories.  

Looking ahead

Given the approaching fee-increase deadline, it is strongly recommended that interested investors reach out to Fragomen as soon as possible.

While the firm's EB-5 team has streamlined processes to allow for expedited preparation of EB-5 applications, moving as quickly as possible is encouraged to ensure ample time to file.

Ongoing, quick I-526 and I-526E adjudication by USCIS is still expected for the foreseeable future, even beyond April 1. 

Need to know more?

For more information on pursuing an EB-5 green card, please contact Partner Rahul Soni at [email protected] and Associate Ian Campbell at [email protected].

This blog was published on February 9, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.