Recently, news of new regulations regarding EB-5 filing fees from U.S. Citizenship and Immigration Services (USCIS) has once again sparked widespread concern among investors.
According to the latest updates on the White House Office of Management and Budget website, USCIS submitted the draft text of the new EB-5 fee regulations to the White House for review on August 11. It is expected that the draft will be released in approximately 2-3 months, followed by a public comment period and subsequent revisions before the final publication. This means that EB-5 filing fees may increase once again.
1. Not the first adjustment; previous increases were staggering
This is not the first time EB-5 filing fees have been adjusted. On April 1, 2024, USCIS implemented a significant price hike. Specifically:
• I-526/I-526E (Immigrant Petition by Alien Investor): The filing fee increased from the original $3,675 to $11,160, a surge of 204%. This was one of the largest increases in this fee adjustment.
• I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status): The filing fee increased from the original $3,750 to $9,525, an increase of 154%.
Just 16 months after the historic surge in EB-5 filing fees in April 2024, USCIS has initiated another price adjustment mechanism. This is not a "spur-of-the-moment" decision but one driven by multiple factors.
2. This adjustment stems from statutory requirements and practical pressures
First, it is driven by statutory requirements. The EB-5 Reform and Integrity Act (RIA) of 2022 explicitly required USCIS to complete a study of EB-5 specific fees within one year of the new law's enactment and to adjust the fee schedule accordingly to match more efficient case processing workflows. However, in the April 2024 price hike, USCIS did not conduct a separate cost accounting for EB-5 but instead implemented a "bundled" increase for all immigration filing fees. This approach resulted in EB-5 processing efficiency failing to meet expectations, leading industry organizations such as IIUSA (Invest In the USA) and AIIA (American Immigrant Investor Alliance) to even file lawsuits against USCIS. Therefore, the recent "price hike" is based precisely on the explicit requirements of the 2022 EB-5 Reform and Integrity Act (RIA).
Second, there is the pressure of backlogged cases. Since the implementation of the new EB-5 policy, the volume of applications has surged, and USCIS needs to increase staffing to accelerate processing, which also drives the fee adjustment to secure more resources to support case adjudication.
Finally, it is forced by industry litigation. Because the 2024 price hike was not executed in accordance with the requirements of the RIA, USCIS faces legal pressure and must re-formulate a compliant fee adjustment plan.
3. Window-of-opportunity strategy amidst rising fees
Triple defense deployment
For investors harboring immigration dreams, this is undoubtedly a critical moment. Once the new regulations take effect and filing fees increase, submitting an application will entail higher costs. Facing policy uncertainty, savvy applicants are building a composite defense system of cost + quota + project:
• Lock in current rates: Submit your application before the new regulations are implemented. The earlier you submit, the more likely you are to lock in the current fees. Once the new regulations are in place, costs will only be higher.
• Seize reserved quotas: Rural projects currently have no visa retrogression, enjoy reserved visa quotas, and benefit from priority processing. This is equivalent to pressing the fast-forward button on your immigration application, significantly shortening the waiting time.
• Choose high-quality projects & professional immigration agencies: A high-quality project is the cornerstone of immigration success and determines whether an immigration application can be successfully approved. A professional immigration agency acts like an experienced navigator, leveraging deep professional knowledge and extensive practical experience to tailor the best immigration plan for the applicant, helping them avoid hidden reefs in the complex and ever-changing immigration policy environment and guiding them safely to the shore of U.S. Green Cards. WorldWay Group, a Top 500 Asian Brand, has focused on investment immigration for over 20 years, has 19 years of experience in handling U.S. investment immigration, possesses a professional documentation team with over 19 years of service, and has successfully helped over 6,000 families immigrate to the U.S., with experience in successfully processing tens of thousands of U.S. Green Cards. It is worthy of your choice.
Currently, the "Great Smoky Mountains • Marriott Hotel" EB-5 rural project is highly sought after. With the following core advantages, this project is becoming a popular choice for current EB-5 investment:
☑ Approximately 1.5x first-priority real estate collateral + developer shareholders providing joint and several liability repayment guarantees with personal assets
☑ Multi-billion dollar fund providing guarantees against I-956F denial, I-526E denial, and job creation
☑ Project job creation multiplier as high as 1.7x
☑ Located in the Great Smoky Mountains National Park, which boasts tens of millions of visitors, far exceeding Yellowstone
☑ Situated in the prime, high-demand town of Gatlinburg, where properties are hard to come by
☑ The project has broken ground, hotel development has entered the substantive construction phase, supervision is transparent, and construction progress is reported regularly
In addition, the "Florida Lakeside Jewish Community" project, which has received three approvals for I-956F/I-526E/Green Card, is also an excellent choice for your U.S. immigration. Construction of this project is nearing completion, and only a few precious spots remain. If you are interested, please act quickly.
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