EB-5 Immigrant Investor Program: What Fees Are Actually Required?
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiao Xiang
Some people ask: I want to apply for EB-5 immigrant investment—how much money do I actually need to pay?
Unfortunately, we cannot provide a specific figure, as numerous variable factors affect the total cost calculation.
For example, investment amounts vary depending on the selected EB-5 project.
Another factor is that service fees differ based on the specific services an investor requires.
Additionally, government fees vary depending on the types of applications submitted by the applicant.
However, if we rephrase the question to: What categories of fees are required for the U.S. EB-5 Immigrant Investor Program?
Our answer is as follows:
Generally, applicants for the U.S. EB-5 program need to pay the following types of fees:
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Minimum investment capital
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Project management fee
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Immigration agent service fee
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Immigration attorney service fee
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USCIS filing fees
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Miscellaneous fees
1. Minimum Investment Capital
This refers to the EB-5 investment amount, which is either $800,000 or $1,050,000 USD, depending on the selected project. The source of this capital must be fully documented and verified.
2. Project Management Fee
Typically ranging from $40,000 to $100,000 USD, this fee is collected by the EB-5 regional center or project operator. The source of this fee must also be documented.
3. Immigration Agent Service Fee
This fee applies only if the investor engages an immigration agent. The amount is negotiable between the investor and the agent, generally falling in the range of $10,000 to $50,000 USD (with some variation). There is no requirement to document the source of this fee.
4. Immigration Attorney Service Fee
This is the fee paid by the investor to an immigration attorney for handling EB-5 green card applications. It usually ranges from $15,000 to $30,000 USD (subject to variation), and the exact amount is specified in the service agreement signed between the investor and the attorney. Documentation of the source of this fee is not required.
5. USCIS Filing Fees
As the name suggests, these fees are collected by the U.S. government. The total amount varies by individual circumstances, and U.S. government fees are subject to periodic changes. Importantly, these fees are paid in stages corresponding to different application phases, rather than as a lump sum.
The current government filing fees are as follows:
For investors filing the EB-5 application while in the U.S.:
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Form I-526E Filing Fee: $3,675 USD per principal applicant
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Integrity Fund Fee: $1,000 USD per principal applicant. This fee applies only to regional center projects invested in after the 2022 EB-5 reform and integrity act.
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Adjustment of Status, Employment Authorization Document (EAD) and Advance Parole (Combo Card) Filing Fee: $1,140 USD per adult; $750 USD per child under 14 years old
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Biometrics Fee: $85 USD per person
For investors filing the EB-5 application while outside the U.S.:
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Form I-526E Filing Fee: $3,675 USD per principal applicant
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Integrity Fund Fee: $1,000 USD per principal applicant
Once the priority date becomes current for investors filing from outside the U.S., the principal applicant and accompanying family members must also pay fees to the National Visa Center (NVC), currently set at $375 USD per person. After obtaining an immigrant visa, each person is required to pay a green card production fee of $220 USD.
After receiving conditional permanent residency, EB-5 investors must file Form I-829 (Petition to Remove Conditions on Residence) before the conditional green card expires. The filing fee for Form I-829 is $3,750 USD per family.
6. Miscellaneous Fees
Miscellaneous fees refer to other relatively small, non-routine expenses incurred during the EB-5 application process. Some of these fees are mandatory, while others are optional, depending on the investor’s preferences.
Mandatory miscellaneous fees include, but are not limited to: medical examination fees and document translation fees.
Optional miscellaneous fees include, but are not limited to: fees for retaining a commercial attorney to review project legal documents, and fees for hiring an investment consultant to conduct due diligence on the EB-5 project.
The above fee categories cover the standard expenses associated with an EB-5 application. However, the actual total cost will vary based on the investor’s individual circumstances, specific project requirements, and the latest regulations set by the U.S. government.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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