USCIS has passed a rule that significantly increased filing fees for new EB-5 Petitions. The new rule impacts EB-5 cases at all stages. Effective April 1, 2024, new filing fees will take effect for the petitions and applications filed on or after April 1, 2024 with the USCIS. The New EB-5 Fees are a substantial increase and will be:
- I-526E, Immigrant Petition by Alien Entrepreneur $11,160
- I-829, Petition to Remove Conditions on Permanent Residence $9,525
- I-956, Application for Regional Center Designation $47,695
- I-956F, Application for Approval of an Investment in a New Commercial Enterprise $47,695
- I-485, Application to Adjust Status with biometric services $1,440
- The Final Rule also unbundled the filling fees in connection with the ancillary Forms I-765 and Forms I-131 (filed to request employment and travel authorization) from the Form I-485, Adjustment of Status Application. Previously, there was one fee for these three (3) applications, and no fees to renew the employment and travel authorization. Applicants now will be required to include separate filing fees for each application. The Form I-485 filing fee will be a standalone filing fee. Applicants filing Form I-765, Application for Employment Authorization Document, alongside their Form I-485 will be required to include an additional $260 filing fee. Applicants filing Form I-131, Application for Travel Document, alongside their Form I-485 will be required to include an additional $630 filing fee.
Applicants may wish to lock in the old fees by filing where possible before April 1, 2024. Many regional centers and projects are accepting partial investments to facilitate the filing of new I-526E Petitions by the April 1st deadline to assist investors with filing cases before the new fee increase takes effect.
The final rule was published Jan. 31, 2024; view the full text. The chart below outlines the new USCIS filing fee schedule for some categories:
| Type of Filing | Current Fee | New Filing Fee | Difference in Dollar Amount | Percent Increase |
| I-526E, Immigrant Petition by Alien Entrepreneur | $3,675.00 | $11,160.00 | $7,845.00 | 204% |
| I-829, Petition by Investor to Remove Conditions | $3,750.00 | $9,525.00 | $5,775.00 | 154% |
| I-829, Petition by Investor to Remove Conditions (with biometric services) | $3,835.00 | $9,525.00 | $5,690.00 | 148% |
| I-956, Application for Regional Center Designation | $17,795.00 | $47,695.00 | $29,900.00 | 168% |
| I-956F, Application for Approval of an Investment in a Commercial Enterprise | $17,795.00 | $47,695.00 | $29,900.00 | 168% |
| I-956G, Regional Center Annual Statement | $3,035.00 | $4,470.00 | $1,435.00 | 47% |
| I-485, Application to Register Permanent Residence or Adjust Status | $1,140.00 | $1,440.00 | $215.00 | 26% |
| I-485, Application to Register Permanent Residence or Adjust Status (with biometric services) | $1,225.00 | $1,440.00 | $215.00 | 18% |
| I-485, Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) | $750.00 | $950.00 | $200.00 | 27% |
| I-131, Application for Travel Document | $575.00 | $630.00 | $55.00 | 10% |
| I-131, Application for Travel Document (with biometric services) | $660.00 | $630.00 | $-30.00 | -5% |
| I-765, Application for Employment Authorization (Paper Filing) | $410.00 | $520.00 | $110.00 | 27% |
| I-765, Application for Employment Authorization (paper filing) (with biometric services) | $495.00 | $520.00 | $25.00 | 5% |
| I-765, Application for Employment Authorization (online filing) | $410.00 | $470 | $60 | 15% |
| I-765, Application for Employment Authorization (online filing) (with biometric services | $495 | $470 | -$25 | 5% |