United States sharply raises EB-5 investor programme filing fees

• Filing fees for standalone and regional-centre investor petitions will more than double

• Regional centres face steep increases in designation and investment approval charges

• EB-5 applicants must meet investment and job creation requirements, with annual visa caps and country limits affecting waiting times

The United States has announced a sharp increase in filing fees under its EB-5 immigrant investor programme, raising the cost of applications for foreign investors seeking permanent residency for themselves and their families.

US Citizenship and Immigration Services (USCIS) finalised the revised fee rule on Tuesday, with the changes due to take effect on 30 November.

The filing fee for Form I-526, submitted by standalone investors, will increase from USD 3,675 to USD 7,615. An initial Form I-526E petition, used by investors applying through an approved regional centre, will cost USD 7,850, up from USD 3,675.

Both initial petitions will attract an additional USD 75 technology fee. Regional-centre investors must also pay the programme’s investor integrity fee.

Investors applying to remove conditions on their permanent resident status through Form I-829 will pay USD 5,000, compared with the current USD 3,750.

The increases are steeper for some regional-centre applications. The fee for an initial Form I-956 application for regional-centre designation will rise from USD 17,795 to USD 44,115. Form I-956F, used to seek approval of an investment in a commercial enterprise, will cost USD 42,675, against USD 17,795 previously.

However, the annual Form I-956G filing fee will fall from USD 3,035 to USD 2,165.

The rule also introduces Form I-527 for certain investors seeking to amend older Form I-526 petitions. Its filing fee has been set at USD 10,330.

Explaining the revision, USCIS said it relies largely on fees rather than tax revenue to fund its operations. Applicants therefore bear the costs of processing petitions, conducting background checks, assessing eligibility, detecting fraud and administering the programme.

Established by Congress in 1990, EB-5 links immigration eligibility to investment and employment generation in the US. Applicants must invest USD 1.05 million in a qualifying commercial enterprise, or USD 800,000 in a Targeted Employment Area or infrastructure project and create at least 10 full-time jobs for American workers.

Investors who satisfy the requirements can seek a Green Card for themselves, their spouses and qualifying children.

The programme remains subject to annual visa caps and country limits. Increased demand from India over the past decade has contributed to a backlog, affecting how long Indian applicants may wait for permanent residency.

With PTI inputs