EB-5 Filing Fees Reduced: Complete Updated Cost Guide for 2026

The November 2025 Court Order That Reset EB-5 Fees#

On November 12, 2025, Judge Charlotte N. Sweeney of the U.S. District Court for the District of Colorado, in Moody v. Noem (No. 24-cv-00762-CNS), partially stayed the April 2024 USCIS fee rule as it applies to EB-5 fees. The stay covers the EB-5 fees only, not the rest of the USCIS fee schedule. USCIS implemented the order by reverting the EB-5 filing fees to their pre April 2024 amounts effective November 18, 2025, cutting the I-526E filing fee by $7,485 and the I-829 fee by $5,775 relative to the stayed 2024 amounts.

That is not a rounding error. It is a meaningful reduction in non recoverable costs for every investor who files while the reverted schedule remains in effect.

The April 2024 fee schedule had roughly tripled the I-526E petition fee and more than doubled the I-829 fee. The Moody v. Noem order stayed those EB-5 increases while the legal challenge proceeds, and USCIS announced that filings postmarked on or after November 18, 2025 pay the reverted fees, with a transition window through November 26, 2025 in which either schedule was accepted. Forms outside EB-5, including the I-485, I-765, and I-131, were not affected and remain on the April 2024 schedule.

This article provides the current fee amounts, a side by side comparison with the stayed schedule, a complete cost breakdown for a typical EB-5 application, and strategic considerations for investors filing in 2026. All USCIS fee amounts reflect the schedule in effect as of November 18, 2025, subject to ongoing litigation, and are sourced from USCIS published fee tables.

Source: USCIS Fee Schedule; Moody v. Noem, D. Colo. No. 24-cv-00762-CNS, order November 12, 2025; USCIS alert "Court Order on Partial Stay of DHS 2024 USCIS Fee Rule". Blue trust tier.

Update, November 6, 2026: In September 2026, USCIS published the EB-5 fee final rule (91 FR 61940). For filings postmarked on or after November 30, 2026, the I-526E fee is $7,850, the I-829 fee is $5,000, and the Integrity Fund fee is $1,100. The final rule did not adopt the amounts in the October 23, 2025 proposed rule ($9,625 for the I-526E and $7,860 for the I-829). The reduced schedule described in this article applies only to filings postmarked before November 30, 2026.

Disclaimer: Fees are subject to change through future rulemaking and through further developments in the litigation. Consult a qualified immigration attorney for guidance specific to your filing. This article provides planning estimates based on the fee schedule in effect as of November 7, 2026, and notes the final-rule fees that apply from November 30, 2026.

Current EB-5 Filing Fees: The Post Stay Schedule#

Here is every USCIS fee an EB-5 investor encounters from initial petition through removal of conditions, reflecting the amounts in effect after the November 2025 partial stay.

Form I-526E: Immigrant Petition by Regional Center Investor#

The I-526E is the foundational petition that establishes your EB-5 eligibility and connects you to a designated regional center project.

One I-526E filing fee covers the principal investor and all derivative beneficiaries (spouse and unmarried children under 21) included on the same petition. If family members file as independent investors, each petition requires its own $3,675 filing fee plus its own Integrity Fund fee.

The Integrity Fund fee was established by the EB-5 Reform and Integrity Act of 2022 to fund program oversight, compliance audits, and fraud prevention. It is separate from the base filing fee, is paid once per regional-center I-526E petition, and does not apply to standalone direct I-526 filings.

Source: USCIS Fee Schedule; INA 203(b)(5)(J), as added by the EB-5 Reform and Integrity Act of 2022. Blue trust tier.

Form I-485: Application to Adjust Status#

Filed when the investor's priority date becomes current and they adjust from nonimmigrant to permanent resident status while physically present in the United States. The I-485 fee comes from the April 2024 fee rule and was not affected by the November 2025 stay, which reached the EB-5 fees only.

The $1,440 is a single flat fee. There is no separate biometric services fee; the April 2024 rule eliminated the former $85 biometric fee for this form.

Unlike the I-526E, the I-485 is filed per person. Every family member adjusting status pays the fee. A family of four with all members age 14 or older would pay $5,760 in I-485 fees alone ($1,440 multiplied by four).

Source: USCIS Fee Schedule; USCIS Form I-485 Instructions. Blue trust tier.

Form I-829: Petition to Remove Conditions on Residence#

Filed approximately two years after receiving the conditional green card to remove the conditions and obtain permanent resident status.

Like the I-526E, one I-829 covers the principal investor and all derivatives who received conditional status through the same petition. The fee is nonrefundable.

Source: USCIS Fee Schedule; USCIS Form I-829 Instructions. Blue trust tier.

Employment Authorization and Advance Parole#

These forms are filed concurrently with or after the I-485 to obtain work authorization and travel permission while the adjustment of status application is pending. Like the I-485, they sit on the April 2024 schedule and were not affected by the November 2025 stay.

Each family member who wants work authorization or a travel document must file separately and pay the per person fee. A family of four would pay $3,560 for the initial I-765 and I-131 filings.

Note: USCIS reduced EAD validity for EB-5 concurrent filers to 18 months in December 2025, which means most investors will need at least one renewal cycle. See our detailed analysis of the EAD validity change for cost projections.

Source: USCIS Fee Schedule. Blue trust tier.

Fee Comparison: Before and After the Court Order#

The November 2025 partial stay produced savings on the two big EB-5 forms. Here is the side by side comparison.

These savings applied to filings postmarked through November 29, 2026. The EB-5 fee final rule (91 FR 61940) sets new amounts for filings postmarked on or after November 30, 2026: I-526E $7,850, I-829 $5,000, and an Integrity Fund fee of $1,100.

The adjustment-of-status cluster is a different story. The I-485 ($1,440), I-765 ($260 when filed with or while an I-485 is pending), and I-131 ($630) fees come from the April 2024 rule, were not part of the stay, and did not change in November 2025.

For a single investor filing an I-526E and later an I-829, the fee savings from the stayed schedule total $13,260 across the two petitions.

Source: USCIS Fee Schedule comparison, reverted schedule vs. April 2024 Final Rule (stayed for EB-5 forms). Blue trust tier.

Total Cost Breakdown for a Typical EB-5 Application#

Government filing fees are only one component of the total EB-5 cost. Here is a comprehensive budget framework for a family of four (all age 14 or older) filing through a regional center in 2026.

USCIS Government Fees#

Professional and Administrative Fees#

Total Non Recoverable Costs (Excluding Capital Investment)#

Under the final-rule fees for filings postmarked on or after November 30, 2026, add about $5,525 to these totals (I-526E, Integrity Fund and I-829 increases), for roughly $76,000 to $129,000.

These figures do not include the $800,000 or $1,050,000 capital investment, which is a separate category because it is theoretically recoverable (though not guaranteed). They also do not include opportunity cost on the invested capital, which can add $40,000 to $100,000 or more depending on your investment horizon and assumed rate of return.

Use our EB-5 Cost Calculator for a personalized estimate based on your family size, project type, and filing strategy. For a deeper look at every cost category, see our comprehensive investor cost guide.

Source: USCIS Fee Schedule for government fees (Blue trust tier). Professional fee ranges from EB5Status market analysis (Gray trust tier).

Timeline of EB-5 Fee Changes#

Understanding how we got to the current fee schedule helps investors assess future risk.

Pre March 2022: The original I-526 petition fee was $3,675. The Integrity Fund did not exist.

March 2022: The EB-5 Reform and Integrity Act (RIA) introduced the $1,000 Integrity Fund fee, adding a new cost layer to regional-center EB-5 petitions.

April 1, 2024: USCIS implemented a comprehensive fee increase across immigration forms. The I-526E roughly tripled from $3,675 to $11,160. The I-829 jumped from $3,750 to $9,525. The statutory $1,000 Integrity Fund fee was not changed by the rule.

April 2024 through November 2025: Investors filed under the higher fee schedule. Total USCIS fees for a family of four exceeded $30,000 during this period.

October 23, 2025: USCIS published a Notice of Proposed Rulemaking (NPRM) that would once again raise EB-5 fees, proposing an I-526E fee of $9,625 (including a $95 technology fee) along with higher fees for other EB-5 forms. As a proposed rule, it carried no immediate effect; its public comment period closed on December 22, 2025. The final rule published in September 2026 did not adopt these amounts.

November 12, 2025: In Moody v. Noem, the U.S. District Court for the District of Colorado partially stayed the April 2024 fee rule as to the EB-5 fees only. Fees for forms outside EB-5 were not affected.

November 18, 2025: USCIS reverted the EB-5 filing fees to their pre April 2024 amounts, with filings postmarked on or before November 26, 2025 accepted under either schedule.

December 2025 through November 29, 2026: EB-5 filings were subject to the reverted fee schedule.

September 2026: USCIS published the EB-5 fee final rule (91 FR 61940): $7,850 for the I-526E, $5,000 for the I-829, and $1,100 for the Integrity Fund, for filings postmarked on or after November 30, 2026.

Source: USCIS rulemaking history; Federal Register notices; federal court records. Blue trust tier.

Strategic Implications: How Lower Fees Affect Your Filing Decision#

The window may not last#

It did not. The reduced schedule existed because a court stayed an attempted increase. The EB-5 fee final rule published in September 2026 sets new fees for filings postmarked on or after November 30, 2026: $7,850 for the I-526E and $5,000 for the I-829. It did not adopt the October 2025 proposed I-526E fee of $9,625.

Interaction with the grandfathering deadline#

The September 30, 2026 grandfathering deadline has passed. Petitions filed on or before it are protected if the Regional Center Program lapses; it never set the investment amount. The minimum investment amounts ($800,000 for TEA projects, $1,050,000 for standard projects) adjust separately on January 1, 2027.

For a petition filed now, two dates matter for cost: November 30, 2026, when the final-rule fees apply, and January 1, 2027, when the investment minimums adjust.

See our grandfathering deadline analysis for the full strategic picture.

Budget reallocation#

The $7,485 in I-526E fee savings can be redirected toward other critical expenses. Many attorneys recommend allocating the savings toward more robust source of funds documentation, which is the single largest driver of Requests for Evidence (RFEs) on I-526E petitions. A $5,000 investment in comprehensive source of funds preparation can meaningfully reduce the risk of an RFE, which itself costs $3,000 to $10,000 in additional attorney fees and months of delay.

Source: EB5Status analysis. Gray trust tier.

Five Questions Investors Are Asking About EB-5 Fees in 2026#

USCIS has proposed raising fees again. What is the status, and how much notice would investors get?#

The rule is final. On October 23, 2025 USCIS proposed an I-526E fee of $9,625; the final rule published in September 2026 (91 FR 61940) set it at $7,850 instead, with $5,000 for the I-829, effective for filings postmarked on or after November 30, 2026. That gave investors about two months of notice. In practice, the cycle from proposed rule to effective date often takes six to twelve months, so investors typically receive several months of notice before any increase takes effect. Investors should monitor the Federal Register and USCIS rulemaking announcements. The safest approach for anyone concerned about a fee increase is to file while the current schedule remains in effect. EB5Status will publish analysis as the October 2025 proposed rule moves through the rulemaking pipeline.

Do the reduced fees apply to petitions that were filed and paid during the higher fee period?#

No. USCIS does not issue retroactive refunds when fees decrease. If you filed your I-526E between April 1, 2024 and November 17, 2025 and paid $11,160, you paid the fee that was in effect at the time of filing. The reverted fees apply to filings on or after November 18, 2025, and USCIS accepted filings postmarked on or before November 26, 2025 under either schedule during the transition. This is consistent with longstanding USCIS policy: the applicable fee is the one in effect on the date USCIS receives the filing. The same principle works in the other direction, which is why investors who file before a potential future fee increase lock in the lower amount. Several immigration law firms explored whether refund claims might be viable, but no successful refund mechanism has emerged. Investors who paid the higher fee should factor this into their overall cost accounting but should not expect reimbursement.

How does the Integrity Fund fee work, and did the court order change it?#

No, the Integrity Fund fee did not change. The EB-5 Integrity Fund was created by INA 203(b)(5)(J), as added by the EB-5 Reform and Integrity Act of 2022, to fund audits, compliance reviews, site visits, and fraud investigations related to EB-5 regional centers. The investor-side fee is $1,000, set by statute, paid once when you file your I-526E petition, and it covers the principal investor and all derivatives on that petition. It applies to regional-center I-526E petitions; standalone direct I-526 filers do not pay it. The April 2024 fee rule did not change this statutory fee, and the November 2025 court order therefore had no effect on it. It is separate from the I-526E base filing fee and appears as a distinct line item on the filing receipt. Regional centers themselves pay a separate annual Integrity Fund fee of $20,000, or $10,000 for centers with 20 or fewer investors in the prior fiscal year, but that is a regional center cost, not an investor filing fee. The 2026 EB-5 fee final rule (91 FR 61940) raises the investor fee to $1,100 and the annual regional center fees to $22,000 and $11,000, effective November 30, 2026.

What is the total government fee for a single investor with no dependents filing all forms?#

A single investor with no dependents filing through a regional center would pay the following in USCIS government fees for filings postmarked through November 29, 2026: $3,675 for the I-526E petition, $1,000 for the Integrity Fund, $1,440 for the I-485 adjustment of status, $260 for the I-765 EAD (filed with the I-485), $630 for the I-131 Advance Parole, at least $260 for one EAD renewal (given the 18 month validity), and $3,750 for the I-829 removal of conditions. That totals $11,015 in base government fees, with potentially another $260 or more for additional EAD renewals depending on processing times. By comparison, the same filing sequence under the stayed April 2024 EB-5 fees would have cost roughly $24,000 in government fees. Under the EB-5 fee final rule, for filings postmarked on or after November 30, 2026, the I-526E is $7,850, the Integrity Fund $1,100 and the I-829 $5,000, which brings the same sequence to about $16,540. Neither figure includes attorney fees, regional center administrative fees, source of funds preparation, or other professional costs, which typically range from $51,000 to $105,000 depending on complexity.

Should I rush to file before fees potentially increase again?#

The fee savings alone are not sufficient reason to file before you are ready. A poorly prepared I-526E with weak source of funds documentation will cost you far more in RFE responses, delays, and potential denials than you would save on filing fees. That said, if your case is substantively ready, there are three independent reasons to file sooner rather than later: first, a postmark before November 30, 2026 pays the reduced schedule rather than the final-rule fees; second, a filing before January 1, 2027 is made at the current investment amounts; and third, earlier filing means an earlier priority date, which matters for visa availability. The optimal strategy for most investors is to prepare thoroughly, file as soon as the case is strong, and not wait for a deadline crunch that could introduce errors. See our grandfathering deadline guide for specific filing timeline recommendations.

Related Resources#

For detailed cost planning, use the EB-5 Cost Calculator to model your total investment based on family size, project type, and filing path.

For a comprehensive walkthrough of every fee category beyond USCIS charges, see EB-5 Fees Explained and Investor Costs Guide.

For deadline strategy and the January 1, 2027 investment amount increase, see Grandfathering Deadline Analysis.

Methodology#

USCIS filing fee amounts are sourced from the current USCIS Fee Schedule as published on uscis.gov, reflecting the EB-5 fee levels in effect since November 18, 2025 following the partial stay ordered in Moody v. Noem (D. Colo. No. 24-cv-00762-CNS, November 12, 2025). All government fee figures carry blue trust tier designation as official government publications.

Professional fee ranges (attorney fees, regional center administrative fees, source of funds documentation costs) are compiled from publicly available fee disclosures, industry surveys, and EB5Status market analysis. These carry gray trust tier designation as derived estimates.

Total cost calculations use actual USCIS fee amounts combined with professional fee ranges. The "low estimate" assumes a straightforward case with a moderately priced attorney and average regional center fees. The "high estimate" assumes a complex source of funds situation, a premium law firm, and above average administrative fees.

The fee comparison table uses USCIS published fee amounts from both the reverted schedule and the April 2024 Final Rule, whose EB-5 fees are stayed pending litigation. Savings calculations are arithmetic differences between the two published schedules.

EAD renewal cost projections incorporate the December 2025 USCIS policy change reducing EB-5 EAD validity to 18 months and assume at least one renewal cycle for most investors.

All data reflects information available as of November 7, 2026, including the EB-5 fee final rule published in September 2026 (91 FR 61940).