EB-5 Filing Costs in 2026: What You Will Actually Pay

The EB-5 investment minimum gets all the attention. It should not. The $800,000 or $1,050,000 you invest is (in theory) returnable. The fees you pay along the way are not. And those fees add up to $100,000 or more before you even account for the capital itself.

This is a line item accounting of every cost category in the EB-5 process as of November 7, 2026. Government fees are exact. Professional fees are market ranges based on EB5Status analysis of publicly available fee schedules and industry reporting. Estimated numbers are marked as such.

Source: USCIS Fee Schedule (EB-5 fees as reinstated November 18, 2025 after a partial court stay, subject to ongoing litigation; other fees per the April 2024 schedule); EB-5 fee final rule (91 FR 61940) for filings postmarked on or after November 30, 2026; USCIS Form Instructions; EB5Status market analysis. Blue trust tier for government fees; Gray trust tier for professional fee ranges.

Important: Fees change. USCIS adjusts filing fees through rulemaking, and professional service rates vary by market, provider, and case complexity. Get specific quotes from your attorney and regional center before committing capital.

The investment itself#

This is the capital you put at risk. It is not a fee. It is a statutory requirement.

Most investors choose TEA projects. The $250,000 difference is substantial, and the immigration benefit is identical. The investment must be "at risk," meaning there can be no guaranteed return of capital. Whether you actually get your money back depends entirely on the project's financial performance.

Note: these amounts adjust for inflation on January 1, 2027 for petitions filed on or after that date. The new amounts had not been published as of November 7, 2026. See our investment increase analysis for the full formula.

USCIS government filing fees#

These are set by regulation and are nonrefundable regardless of outcome.

I-526E petition#

For filings postmarked on or after November 30, 2026, the EB-5 fee final rule (91 FR 61940) sets the I-526E fee at $7,850 and the Integrity Fund fee at $1,100, a total of $8,950.

One filing covers the principal investor and all derivatives (spouse and unmarried children under 21) on the same petition. If family members file independently, each needs a separate petition and fee.

Note on fee history: a November 12, 2025 federal court order (Moody v. Noem, D. Colo.) partially stayed the 2024 fee rule's EB-5 fees, and USCIS reverted the EB-5 fees to pre April 2024 levels effective November 18, 2025. The I-526E base fee dropped from the stayed $11,160 back to $3,675. Fees for forms outside EB-5 were not affected. USCIS then issued a new EB-5 fee rule, which applies to filings postmarked on or after November 30, 2026.

I-485 adjustment of status (if filing in the U.S.)#

Each person adjusting status files a separate I-485. A family of four (principal, spouse, two children over 14) pays $5,760 in I-485 fees alone.

Employment authorization and travel documents#

These are optional but practically necessary. Without the EAD, you cannot work while your I-485 is pending. Without Advance Parole, leaving the country may abandon your adjustment application. A family of four should budget $3,560 for initial EAD and AP filings. Renewals while the I-485 is pending cost the same.

Premium processing#

Premium processing is not available for Form I-526E. USCIS has not extended the Form I-907 premium service to EB-5 investor petitions, so there is no fee you can pay to compress the I-526E timeline. Budget around standard processing instead: in FY2026 Q3, the median processing time for completed I-526E cases was 13.6 months, while USCIS's Check Case Processing Times tool (published June 23, 2026) shows 80% of I-526E cases completing within 34.5 to 36.5 months.

Government fee subtotal#

For a single investor with concurrent I-485 filing and EAD/AP:

For a family of four (all adjusting status, all age 14 or older): approximately $13,995. For filings postmarked on or after November 30, 2026, the same items come to about $11,280 for a single investor and $18,270 for a family of four, because of the higher I-526E and Integrity Fund fees. Children under 14 filing with a parent pay $950 instead of $1,440 for the I-485.

Legal fees#

Immigration attorney fees for EB-5 representation typically cover I-526E preparation, source of funds documentation, RFE responses, I-485 filing, and conditional green card removal (I-829).

The range is wide because cases vary. An investor with a single, clearly documented source of funds (sale of a property with clean title) is a different engagement than an investor with multiple business interests, gifts, loans, and cross border transfers.

Complex source of funds cases frequently push total legal fees above $30,000. If your funds involve multiple countries, business valuations, or family transfers, budget accordingly.

Gray trust tier. Ranges based on EB5Status analysis of published fee schedules and industry reporting.

Administrative and project fees#

Regional centers and project developers charge fees that are separate from both the investment and the legal representation. These are the fees most often underestimated or discovered late in the process.

The administrative fee is the regional center's revenue from your participation. It is not part of your at risk investment. It does not count toward the minimum capital requirement. It is a cost you will not recover.

Some projects bundle everything into a single "administrative fee." Others break it into line items: subscription fee, fund management fee, offering expense fee. The total tends to land in the same range regardless of labeling.

A note on fee variation#

The $50,000 to $75,000 range is typical for established regional center projects. Some charge less. Some charge more. The fee has no reliable relationship to project quality. A $50,000 admin fee does not mean a worse project than one charging $75,000. Compare the underlying investment, the job creation methodology, and the developer's track record instead. The admin fee is an expense to minimize, not a quality signal.

Other costs investors frequently forget#

Translation and document authentication#

If your source of funds documentation originates in a language other than English, every document submitted to USCIS must be accompanied by a certified translation. Budget $2,000 to $5,000 for translation services depending on volume and language.

Document authentication (apostille, notarization of foreign documents) adds $500 to $2,000.

Medical examination#

Required for I-485 adjustment of status. Costs $200 to $500 per person depending on location and vaccination requirements. Must be completed by a USCIS designated civil surgeon.

Consular processing fees (if not adjusting in the U.S.)#

I-829 removal of conditions (future cost)#

Approximately two years after receiving conditional permanent residence, you file I-829 to remove conditions. Filing fee is $3,750 per petition, rising to $5,000 for filings postmarked on or after November 30, 2026. Attorney fees for I-829 run $5,000 to $10,000. This cost is two to four years in the future but should be part of your total budget.

Total cost summary#

Here is what the full picture looks like for a single TEA investor using a regional center, adjusting status in the U.S.

Of that total, only the $800,000 investment has any possibility of being returned. The remaining $74,305 to $112,505 is gone regardless of outcome. Under the fees that apply from November 30, 2026, add about $4,275 to these totals.

Regional center vs. direct: cost comparison#

Direct EB-5 investments (where you create and operate your own new commercial enterprise) eliminate the regional center administrative fee but introduce different costs.

Direct investments eliminate the admin fee but shift business plan preparation, job creation documentation, and TEA designation onto the investor. Legal fees for direct cases tend to be higher because the attorney handles more structural work. If the business requires active management, you are also investing time.

For most investors, regional center projects cost roughly the same as direct investments in total. The regional center model is more predictable and less operationally demanding.

Use the EB5Status filing fee calculator and cost calculator for a personalized breakdown based on your family size and filing strategy.

Frequently asked questions#

Are any of these fees refundable if my petition is denied?#

USCIS filing fees are nonrefundable. Attorney fees depend on your engagement agreement; most are nonrefundable once work begins. Regional center administrative fees vary by offering document, but most are nonrefundable after a specified period. Read the private placement memorandum carefully before signing.

Will fees change before I file?#

Yes, for EB-5 forms. The EB-5 fee final rule raises the I-526E fee to $7,850 and the I-829 fee to $5,000 for filings postmarked on or after November 30, 2026. Check the USCIS fee schedule on the day you file. Professional fees shift with market conditions but tend to hold steady within a given year.

Can I negotiate the regional center administrative fee?#

Some regional centers will negotiate, particularly for investors filing multiple petitions or bringing referrals. Many will not. The admin fee is the regional center's primary revenue from each investor, and established centers with strong track records have less incentive to discount. It does not hurt to ask, but do not choose a project based on who offers the lowest admin fee.

Source: USCIS Fee Schedule; USCIS Form Instructions; EB5Status market analysis. Blue trust tier for government fees; Gray trust tier for professional fee ranges and cost estimates.