EB-5 Immigrant Investor Program: Application Fees to Increase Substantially!
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule that substantially increases the fees for certain immigration applications. Among these, the fee hikes for EB-5 Immigrant Investor Program applications are the most significant.
How Much Will the Fees Increase?
-
The filing fee for Form I-526 or Form I-526E (EB-5 Immigrant Investor Petition) will rise from the current $3,675 per application to **$11,160 per application**, representing a 204% increase.
-
The filing fee for Form I-829 (Petition by Entrepreneur to Remove Conditions on Residence) will increase from the current $3,750 per application to **$9,525 per application**, a 154% increase.
-
The filing fee for Form I-956 (Application for Regional Center Designation) will jump from $17,795 to **$29,900**, a 168% increase.
-
The filing fee for Form I-956F (Application for Approval of an EB-5 Immigrant Investor Commercial Enterprise) will rise from $17,795 to **$29,900**, a 168% increase.
-
The annual reporting fee for Form I-956G (Annual Certification by Regional Center) will increase from $3,035 to **$4,470**, a 47% increase.
When Will the Fee Hike Take Effect?
The fee increase will take effect on April 1, 2024.
Does the Deadline Refer to Submitting the Application on April 1 or Ensuring USCIS Receives It by April 1?
Remember: Your application must be received by USCIS on or before April 1 to qualify for the current fees.
Which Applications Will Be Affected?
This fee adjustment will impact all key stakeholders in the EB-5 program, meaning EB-5 investors, regional centers, and commercial enterprise operators will be required to pay higher fees to USCIS for applications submitted on or after April 1.
For EB-5 investors, the fee hike applies to both key stages of the EB-5 application process:
-
Form I-526 or Form I-526E is the first step in the EB-5 process—the immigrant investor petition.
-
Form I-829 is the petition to remove conditions on the conditional permanent resident card and obtain a permanent green card.
For EB-5 regional centers and/or commercial enterprise operators, the cost of operating and managing EB-5 projects going forward will rise substantially.
What Are the Countermeasures?
In the face of this government-mandated fee increase, there are essentially no alternatives for EB-5 investors, regional centers, and project operators other than compliance.
However, to save $7,485 on the I-526/I-526E filing fee alone, applicants who are able to submit their applications before April 1 should avoid delaying until after the deadline.
Note: If the full investment capital has not been remitted by April 1 but the timeline for fund disbursement is clearly established, applicants may still submit their applications before April 1.
Important Warning: Even if you submit your application package to USCIS before April 1, if the package is rejected and returned for any reason, you will be required to pay the new, higher fees when resubmitting. Therefore, it is critical to thoroughly prepare your application package prior to submission.
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.
Free Consultation Email: attorney@xielaw.com
Phone: (678) 380-0698
Website:
www.xielaw.com
WeChat ID: xielaw88
WeChat Official Account: U.S. Immigration Insights (xielaw8888)
Address: 1770 Indian Trail Lilburn Road, Suite 450, Norcross (Atlanta), Georgia 30093
1770 Indian Trail Lilburn Rd, Suite 450, Norcross, GA 30093 USA
(678) 380-0698 