It is the time of year again for USCIS approved Regional Centers to pay their annual EB-5 Integrity Fees to USCIS. Under the EB-5 Reform and Integrity Act of 2022 (RIA), designated EB-5 Regional Centers must make an annual payment into the EB-5 Integrity Fund. The annual fee is $20,000 for each Regional Center, except for those with 20 or fewer total investors in the preceding fiscal year (Oct. 1–Sept. 30) in its new commercial enterprises, in which case the annual fee is $10,000.
Each year the Integrity Fund fees are due for the upcoming fiscal year, not the past fiscal year. Starting Oct. 1, 2025, and continuing through to Oct. 31, 2025, USCIS will collect the FY 2026 Integrity Fund fee. As outlined in the RIA, USCIS will terminate the designation of any Regional Center that does not pay the required fee within 90 days after the annual fee’s due date. The annual fee is payable online. To avoid any technical issues with payment, penalties, and/or termination, Regional Centers should consider paying early and keeping a clear record of the payment in case USCIS requests evidence of the payment later. Moreover, Regional Centers may wish to confirm the payment is processed with their credit card company or through their bank account to avoid any issues after the payment portal closes.
Penalties for failure to pay the Integrity Fund fee include late fees and/or termination. Termination of the Regional Center may be damaging if the Regional Center has post-RIA investors. Under the RIA, investors filing Form I-526E based on investment in a new commercial enterprise must continue to be sponsored by an approved Regional Center. If the Regional Center is terminated, the new commercial enterprise must associate with a new Regional Center in good standing, although the RIA clarifies that the Regional Center need not be in the same geographic location as the original Regional Center. Based on the Instructions to Form I-526E, USCIS may require EB-5 investors to file an amendment to their pending or approved I-526E petition to notify USCIS of the new Regional Center sponsorship. This may delay the issuance of conditional green cards and result in additional fees for investors. Thus, Regional Centers should consider paying early and taking adequate steps to make sure their payments are timely processed by the government.