Important Update for EB-5 Investors: Lower Fees Restored and New DHS Fee Proposal on the Horizon

The EB-5 Immigrant Investor Program is undergoing another round of significant fee changes — one that immediately benefits investors and another that could reshape filing costs in late 2025. A recent federal court ruling returned several EB-5 filing fees to their pre-April 2024 levels, providing meaningful cost relief. At the same time, the Department of Homeland Security (DHS) has introduced a new fee proposal, which remains under review and may come into play next year.

This update provides a clear breakdown of what has changed, what remains proposed, and what EB-5 stakeholders should be planning for.

1. Court Restores Pre-April 2024 EB-5 Fees

Investors and regional centers can now rely on the lower, previously established fees. USCIS is currently accepting filings with the restored fees while it updates its internal systems.

Current Restored Fees (Effective Now)

  • I-526 / I-526E: $3,675
  • I-829: $3,750
  • I-956: $17,795
  • I-956F: $17,795
  • I-956G: $3,035

These fees apply to both standalone investors and regional center filings.

2. DHS Proposes a New Fee Schedule for Late 2025

In October 2025, DHS published a Notice of Proposed Rulemaking outlining possible revisions to EB-5 fees. These numbers are not final and may change after the public comment period. However, the proposal signals that EB-5 filing costs could shift again next year.

Proposed Fee Levels for December 2025

  • I-526 / I-526E: $9,625
  • I-829: $7,860
  • I-956: $28,895
  • I-956F: $29,935
  • I-956G: $2,740

These amounts remain only proposed at this time.

3. What EB-5 Applicants Should Do Right Now

File at Today’s Lower Rates: The reinstated fees are a cost-saving opportunity for investors and regional centers preparing petitions.

Understand That USCIS Will Accept Either Fee for Now: USCIS has confirmed that filings submitted with the restored fees or with the higher (but stayed) April 2024 fee schedule will not be rejected.

Be Alert for USCIS Clarifications: Biometrics and certain procedural points — especially for I-829 petitions — may receive updates.

Expect Another Fee Shift in 2025: If DHS finalizes the proposed rule, the EB-5 landscape may again change next year.

4. NPZ’s Guidance for Investors and Regional Centers

Our team continues to work closely with EB-5 investors, developers, and regional centers to navigate fee changes, maintain compliance, and prepare filings strategically. We support clients with:

  • EB-5 case planning and timing
  • Form preparation under the reinstated fee schedule
  • Regional center obligations and reporting
  • Tracking DHS developments and advising on the proposed 2025 schedule

If you are preparing an EB-5 filing or evaluating an investment project, early planning can help you take full advantage of the current reduced fees.

Frequently Asked Questions (Project FAQ Under Blog)

1. Are the lower EB-5 fees officially in place?

Yes. The court order restored the pre-April 2024 fees, and USCIS is currently processing filings under those rates.

2. Will new fees definitely take effect in 2025?

DHS has only proposed new fees; nothing is final yet.

3. Should I accelerate my filing because fees may rise in 2025?

Filing under the restored fee structure is generally more economical for investors preparing petitions now.

4. What if I pay the higher fee accidentally?

USCIS has stated it will accept filings paid under either fee amount during this transitional period.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.