EB-5 at a Crossroads: Higher Filing Fees and the 2027 Investment Threshold

WILLIAMS GLOBAL LAW / LEGAL INSIGHTS / OCTOBER 2026

Two important dates are approaching for EB-5 investors. On November 30, 2026, new USCIS filing fees take effect. On January 1, 2027, the EB-5 minimum investment thresholds are scheduled for their first statutory inflation adjustment. For prospective investors, the months ahead call for careful due diligence, documentation and coordinated filing strategy.

THE ESSENTIALS | Two upcoming changes could affect the cost of an EB-5 filing. Investors should confirm the current fee schedule and plan for the January 2027 investment adjustment.

Considering an EB-5 investment? Plan your petition and funding strategy before the deadlines.

USCIS is updating EB-5 filing fees effective November 30, 2026

KEY TAKEAWAY

Both regional center (I-526E) and direct (I-526) investors are affected. If you are ready to file, compare the cost of filing before and after November 30.

USCIS is adjusting fees for the EB-5 Immigrant Investor Program, with the new fees scheduled to take effect on November 30, 2026. The program itself is not changing, but the cost of running it will now be covered by the investors who use it.

Background

Congress created EB-5 in 1990 to encourage U.S. economic activity and job creation through immigrant investment. The EB-5 Reform and Integrity Act of 2022 restructured the program, added stronger oversight and required USCIS to conduct a program-specific fee study so that fees recover the full cost of administering EB-5. Earlier fee levels did not, which is why the update is happening now. USCIS is funded largely by filing fees rather than congressional appropriations.

Filing Fee Changes

EB-5 Investor Filing Fees — Effective November 30, 2026

Form	Description	Current Fee	New Fee
I-526	Direct EB-5 Investor	$3,675	$7,615
I-526E	Regional Center Investor	$3,675	$7,850
I-526E	Amendment	$3,675	$7,775
I-829	Removal of Conditions	$3,750	$5,000

Regional Center Filing Fees — Effective November 30, 2026

Form	Description	Current Fee	New Fee
I-956	Initial Regional Center Designation	$17,795	$44,115
I-956	Regional Center Amendment	$17,795	$9,835
I-956F	Application for Approval of Investment in a Commercial Enterprise	$17,795	$42,675
I-956G	Regional Center Annual Statement	$3,035	$2,165
I-526E	Investor Integrity Fund Fee	$1,000	$1,100

Notable decreases: The I-956 Amendment fee falls from $17,795 to $9,835 (a $7,960, or about 45%, decrease), and the I-956G Regional Center Annual Statement fee falls from $3,035 to $2,165 (an $870, or about 29%, decrease).

Regional Center Annual Fee Deadlines & Penalties

Payment Date	Late Payment Penalty
Through October 31, 2026	No penalty
November 1–30, 2026	10% penalty
December 1–30, 2026	20% penalty

Important: Regional centers should pay their annual Integrity Fund fees by October 31, 2026, to avoid penalties. EB-5 investors and regional centers should also account for the new filing fees effective November 30, 2026.

Confirm applicable fees and deadlines before filing or making payment.

The bottom line

Investors filing EB-5 petitions are most affected, including regional center (Form I-526E) and direct (Form I-526) investors. If you are preparing an EB-5 case, timing may matter. The exact financial impact depends on the form being filed, so confirm the current fee schedule before filing.

Source: USCIS

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EB-5 after the grandfathering deadline: the dates that matter before January 1, 2027

KEY TAKEAWAY

EB-5 remains open. To invest at today’s $800,000 minimum, investors need to complete their investment and file a properly prepared petition before January 1, 2027.

The EB-5 grandfathering deadline passed on September 30, 2026. Investors who filed Form I-526E by that date keep statutory protection even if the Regional Center Program later lapses. Petitions filed now are still accepted and processed, but their footing depends on Congress reauthorizing the program before it sunsets.

The program is open

The Regional Center Program is authorized through September 30, 2027. The October 2026 Visa Bulletin opened fiscal year 2027 with the reserved rural, high-unemployment and infrastructure categories current for every country, and unreserved numbers available again for Indian investors with a final action date of December 1, 2023.

Key dates at a glance

•  November 30, 2026: USCIS filing fees increase. The combined government charges for an initial regional center petition rise from $4,675 to $8,950.

•  January 1, 2027:  Minimum investment amounts adjust for inflation for the first time. Official figures have not been published; industry projections put the TEA amount at roughly $900,000 to $937,500.

•  September 30, 2027:  The Regional Center Program sunsets unless Congress reauthorizes it. Industry groups and bipartisan supporters are pushing for renewal, but uncertainty remains.

The bottom line

Of the dates ahead, January 1, 2027 has the biggest effect on what an investment costs. Investors should start due diligence now and review any project’s offering documents with independent counsel.

Planning an EB-5 investment before January 1? Book an EB-5 strategy consultation →

Strategic Immigration Counsel. When It Matters Most.

Williams Global Law advises EB-5 investors on project-related immigration considerations, lawful source and path of funds, and the preparation of comprehensive investor petitions.

LEGAL INSIGHTS | Simone Williams | Founder & Managing Partner, Williams Global Law

This article is for general information only and is not legal advice. Every EB-5 case is different; speak with an immigration attorney about your circumstances.