DHS PROPOSES MAJOR EB-5 FEE REDUCTIONS AND ADD NEW PETITION CATEGORIES

On October 22, 2025, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) revising the fee schedule for the EB-5 Immigrant Investor Program.

The proposal would reduce most filing fees charged by U.S. Citizenship and Immigration Services (USCIS), introduce several new petition types and corresponding fees, and realign overall program costs with current operational and processing needs. If finalized, these changes would replace the record-high fee increases introduced in 2024 and implement structural updates to improve program efficiency and transparency.

The public has 60 days to submit comments before DHS finalizes or modifies the proposal.

Key Proposed Fee ChangesA. EB-5 Investor Filings

Form I-526/I-526E: Immigrant Petition by Standalone or Regional Center Investor

• Current fee: $11,160 → Proposed: $9,530 (+$95 Tech Fee)

• Approx. 14% decrease; introduces new $95 technology surcharge.

EB-5 Integrity Fund Fee – Annual fee for investors

• Current fee: $1,000 → Proposed: $1,085

• Increase of $85; funds compliance and program monitoring.

Form I-527 (New) – Amendment for pre-RIA investors (filed before Mar. 15, 2022)

• Proposed fee: $8,000

• Allows “good-faith” investors affected by project termination or debarment to amend petitions.

Form I-829 – Petition to Remove Conditions on Permanent Residence

• Current fee: $9,525 → Proposed: $7,860

• Approx. 14% decrease; biometric costs now included in the filing fee.

B. Regional Center Filings

Form I-956 – Regional Center Designation

• Current fee: $47,695 → Proposed: $28,895 (↓ 39%)

Form I-956 Amendment – Amend Regional Center

• Current fee: $47,695 → Proposed: $18,480 (↓ 61%)

Form I-956F – Approval of Investment in a Commercial Enterprise

• Current fee: $47,695 → Proposed: $29,935 (↓ 37%)

Form I-956G – Annual Statement

• Current fee: $4,470 → Proposed: $2,740 (↓ 39%)

Form I-956H (New) – Bona Fides of Persons Involved → $55

Form I-956K (New) – Registration for Direct or Third-Party Promoters → $2,740

Integrity Fund Fee (≤ 20 investors) → $10,825 (↑ 8%)

Integrity Fund Fee (> 20 investors) → $21,650 (↑ 8%)

DHS also proposes increased penalties for late Integrity Fund payments: 10% for payments 31–60 days late and 20% for payments 61–90 days late, with possible termination of a regional center’s designation for payments over 90 days late.

What Is a Notice of Proposed Rulemaking (NPRM)A Notice of Proposed Rulemaking (NPRM) is the first public step in the federal rulemaking process. When an agency determines that a new or revised regulation is needed, it publishes an NPRM in the Federal Register to outline proposed changes and invite public comment.After reviewing the submitted feedback, the agency may:

• Publish a Final Rule, which becomes binding regulation; or

• Issue a revised proposal, reopening the comment period.The publication of an NPRM does not guarantee the proposal will take effect—it signals the beginning of the regulatory process.

Why This Matters

If finalized, these revisions would mark the first EB-5 fee reductions since the 2022 Reform and Integrity Act. The proposed changes aim to balance cost recovery with accessibility, enhance compliance oversight, and support modernization through the new Technology Fee.

Williams Global Law continues to monitor DHS rulemaking and EB-5 program developments. For guidance on how these proposed changes could impact your investment or regional center operations, schedule a consultation with an attorney at Williams Global Law using this link: Schedule a consultation.