The newly released USCIS proposed fee rule includes reductions to several key EB-5 Immigrant Investor Program filing fees.

At a time when USCIS fees have largely trended upward due to inflation, staffing, and backlog-related costs, the proposed decreases for EB-5 filings stand out as a noteworthy development for regional centers and investors alike.

Proposed EB-5 Fee Reductions

According to the newly proposed rule, the following filing fees are set to decrease:

  • Form I-526E (Immigrant Petition by Regional Center Investor): from $11,160 → $9,625;
  • Form I-956F (Application for Approval of an Investment in a Commercial Enterprise): from $47,695 → $29,935;
  • Form I-956 (Application for Regional Center Designation): from $47,695 → $28,895;
  • Form I-956 (Amendment): from $47,695 → $18,480; and
  • Form I-956G (Regional Center Annual Statement): from $4,470 → $2,740.

New fees would also apply to Form I-956H (Bona Fides of Persons Involved with Regional Center Program) and Form I-956K (Regional Center Investor Compliance Certification), though the changes in those categories are not as significant.

Why This Matters

It is rare for USCIS to reduce filing fees absent litigation—particularly within a complex and high-stakes category like EB-5. Historically, USCIS has justified fee increases by citing the need for operational funding and efficiency improvements. The decision to lower EB-5-related fees may reflect recognition of the program’s administrative challenges and the importance of maintaining accessibility for regional centers and investors post-Reform and Integrity Act (RIA).

Litigation Concerns and the RIA Fee Study

Interestingly, USCIS appears to be deliberately distancing itself from the RIA’s mandated fee study and adjustment process, potentially due to ongoing and potential litigation surrounding the agency’s authority to impose and structure certain EB-5 fees. By proposing independent revisions rather than relying on the RIA’s framework, USCIS may be seeking to insulate itself from future challenges while maintaining operational control over the program’s financial structure.

What Comes Next

The rule is still in the proposed stage, meaning there will be a public comment period of 60 days before final implementation. EB-5 stakeholders—including investors, regional centers, and developers—should consider submitting comments to help shape the final version.

The proposed fee decreases represent an unexpected development in a space where most practitioners had only expected increases.

We will continue to monitor developments.

Tags: EB-5, EB-5 Program, USCIS
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

…

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

Read more about Kate Kalmykov
Show more Show less
Related Posts
visa american flag pen immigration
Top 26 EB-5 Insights for Investors in 2026
January 13, 2026
United States Gold Card concept background with American flag and Currency bill-Shutterstock_2604251881
The Gold Card Program Explained—And How It Compares to EB-5
December 11, 2025
gavel
EB-5 Filing Fee Lawsuit Reduces Fees
November 20, 2025