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OfficialU.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule · Last verified

U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule

USCIS is changing the fees for EB-5 immigration benefit requests.

What this is

USCIS is changing the fees for EB-5 immigration benefit requests. The rule also writes the EB-5 Reform and Integrity Act of 2022 into official regulations and adds new requirements from that law.

Source: U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule · in effect from 30 November 2026

What you need to know

  • New statutory requirements from that Act are being implemented.
  • A proposed fee rule was published on October 23, 2025, and public comments on it have been addressed in this final rule.
  • USCIS is adjusting fees for EB-5 immigration benefit requests.
  • The rule codifies provisions from the EB-5 Reform and Integrity Act of 2022.
  • EB-5 application fees charged by USCIS are being adjusted by this final rule.

Source: U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule · in effect from 30 November 2026

Frequently asked questions

Is this rule already final, or can USCIS still change it? It is a final rule. The proposed version was published October 23, 2025, public comments were received, and this document is the final outcome of that process.

Did anyone get a chance to push back on these fee changes before they were finalized? Yes. USCIS published a proposed fee rule on October 23, 2025, collected public comments, and this final rule addresses those comments.

Does this rule only change fees, or does it change the actual EB-5 requirements too? It does both. It adjusts fees and also codifies provisions of the EB-5 Reform and Integrity Act of 2022 and implements new statutory requirements from that law.

What law is driving these changes? The EB-5 Reform and Integrity Act of 2022. This rule puts its provisions into the fee regulations and carries out the new statutory requirements it created.

Source: U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule · in effect from 30 November 2026

Related topics

Green Card, I-140

Source: U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule · in effect from 30 November 2026

Official

Frequently asked questions

Is this rule already final, or can USCIS still change it?
It is a final rule. The proposed version was published October 23, 2025, public comments were received, and this document is the final outcome of that process.
Did anyone get a chance to push back on these fee changes before they were finalized?
Yes. USCIS published a proposed fee rule on October 23, 2025, collected public comments, and this final rule addresses those comments.
Does this rule only change fees, or does it change the actual EB-5 requirements too?
It does both. It adjusts fees and also codifies provisions of the EB-5 Reform and Integrity Act of 2022 and implements new statutory requirements from that law.
What law is driving these changes?
The EB-5 Reform and Integrity Act of 2022. This rule puts its provisions into the fee regulations and carries out the new statutory requirements it created.