The Department of Homeland Security has walked back a significant portion of its proposed EB-5 fee increases, issuing a final rule this week that reflects a meaningful reduction from what was originally on the table.
Under the new rule, investors filing the I-526 form will pay $7,615, down from the $9,625 proposed in last year’s draft regulations. Investors participating through regional centers will pay $7,850. While the fees still represent an increase from previous levels, the rollback is a direct result of industry engagement during the rulemaking process, including IIUSA’s formal comments urging DHS to reconsider.
IIUSA has been vocal on this issue since the proposed rule was published in October 2025. The organization flagged immediately that the originally proposed fee levels were out of step with the realities facing EB-5 investors and would undermine a program that has seen significant growth since the EB-5 Reform and Integrity Act passed in 2022. IIUSA submitted formal comments to the rulemaking docket making the case for lower fees, and this week’s final rule reflects that the agency was listening.
The reduction in the final rule is a win for the industry and for the investors the program is designed to serve.
IIUSA continues to engage with DHS and Congress on the full range of regulatory and legislative priorities for the EB-5 Regional Center Program, most recently submitted more than 150 pages of comprehensive comments to DHS’ July 2, 2026 Notice of Proposed Rulemaking (NPRM) regarding the program.
IIUSA remains focused on advocating for the EB-5 program to be fully reauthorized. In September, nearly 50 members of IIUSA leadership participated in 50 meetings with members of Congress to reauthorize the program through fiscal year 2032 as part of the upcoming December federal funding package.
