Earlier this week, IIUSA submitted comments to U.S. Citizenship & Immigration Services (USCIS) related to the Notice of Proposed Rulemaking (NPRM) that was published on January 4, 2023 which proposed drastic fee increases to EB-5-related forms I-526/I-526E, I-829, I-956, and I-956G. IIUSA’s Public Policy Committee once again came together, which guidance from IIUSA’s Board of Directors, to draft substantive and persuasive comments for the agency to consider when determining a possible Final Rule for fee increases related to EB-5 forms.
A summary of the proposed fee increases is below:
Form | Current Fee | Proposed Fee |
I-526/I-526E | $3,675 | $11,160 |
I-829 | $3,835 | $9,525 |
I-956 (formerly I-924) | $17,795 | $47,695 |
I-956G (formerly I-924A) | $3,034 | $4,470 |
I-956F | — | $47,695 |
To read more about the proposed fee increases and an analysis by IIUSA member Suzanne Lazicki (Lucid Writing), revisit our blog post from earlier this year.
March 13, 2023 ended the official public comment period for the NPRM required by the federal regulatory process. USCIS will now take into consideration all of the comments received through both the electronic submission of comments through the Federal Register as well as any comments received during its January 11 Listening Session on the topic. The next step in the process would be a Notice of a Final Rule which comes with its own comment period. This step only occurs if the agency decides to move forward with a final rule after evaluating the public comment from the NPRM stage. There is no set timeline for if and when the agency must publish a Final Rule. To learn more about the regulatory process, visit regulations.gov
IIUSA will continue to monitor the Federal Register for the publishing of any Final Rule on this topic or any other regulatory action related to EB-5.