(646) 558-3138|Michael@mmlawnyc.com

Contact Us
Law Offices of Michael H. Markovitch
Immigration Blog
Immigration Blog

USCIS Proposes EB-5 Investor Filing Fee Increase

By Michael H. Markovitch, esq. on January, 09, 2023

On January 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) posted a

Notice of Proposed Rulemaking (NPRM) recommending an increase in EB-5 Fees, among other

immigration fees.

 

Overview

 

USCIS uses fees from petitioners to recover operating costs and to reduce and prevent

case processing backlogs. Every few years, USCIS conducts a comprehensive fee review, to

forecast the expenses associated with the time and resources needed for adjudication of each

petition and the revenue anticipated from receipt of new applications. USCIS typically receives

96 percent of its funding from filing fees, as opposed to Congressional appropriations.

 

Fee Increase

 

The proposed fee for Form I-526E, Immigrant Petition by Regional Center Investor, is

$11,160, a $7,485 or 204 percent increase from the current $3,675 fee.

 

The proposed fee for Form I-829, Petition by Investor to Remove Conditions on

Permanent Resident Status, is $9,525, a $5,775 or 154 percent increase from the current $3,750

fee.

 

Processing Times

 

Over the past few years USCIS’s capacity to timely adjudicate cases, has decreased. The

EB-5 Reform and Integrity Act of 2022 requires USCIS to set fees at a level sufficient to recover

the costs of completing investor petition adjudications within an improved processing time of

120 to 240 days. So while the 200% price increase is significant, an improvement in processing

times will be a welcome change for EB-5 investors.

 

The good news is investors who file now can still enter the queue for improved

processing times without paying the additional fees. The 60-day public comment period starts

following publication of the NPRM in the Federal Register. Fees will not change until the final

rule goes into effect, after the public has had the opportunity to comment and USCIS finalizes

the fee schedule in response to such comments.

 

For further information or questions you may have, please do not hesitate to contact The

Law Offices of Michael H. Markovitch.