Starting November 30, 2026, USCIS is raising filing fees for EB-5 petitions, and starting January 1, 2027, the minimum investment amounts under the program are expected to increase as well.
In short
- USCIS EB-5 fees rise on November 30, 2026: I-526E from $4,675 to $8,950, I-526 from $3,675 to $7,615, I-829 from $3,750 to $5,000.
- For mailed filings, the postmark deadline is Saturday, November 28, 2026 — not the effective date of November 30 itself.
- I-829 can’t be filed early to save money: it’s only accepted within the 90-day window before the conditional green card expires.
- Investment amounts are expected to rise starting January 1, 2027: to $900,000–$950,000 for TEA and infrastructure projects.
- For the new investment amounts, the filing date that matters is when USCIS receives the petition, not when it was mailed — unlike the rule for fees.
When the New EB-5 Fees Take Effect
USCIS’s new EB-5 fees take effect on November 30, 2026. The change applies to all petition types under the program — I-526, I-526E, and I-829 — so to pay the current, lower rates, a petition must be filed before that date.
For mailed filings, the mailbox rule applies: the filing date is the date of mailing, not the date USCIS receives the package. November 30, 2026 falls on a Monday, and postal services and couriers don’t accept documents on Sundays. That makes the real deadline for a postmark Saturday, November 28, 2026 — two days earlier than the formal effective date.
The I-829 petition to remove conditions on residence is a separate case. It can only be filed within the 90-day window before the two-year conditional green card expires, and that window can’t be moved up at the applicant’s request. If the conditional green card doesn’t expire until well after November 30, 2026, there’s no way to file I-829 early and save on the new fees — the applicant will pay the new rate regardless of any desire to beat the deadline.
the applicant will pay the new rate regardless of any desire to beat the deadline
Key Dates for the EB-5 Fee and Investment Amount Increases
Dates not to confuse: fees and investment amounts change on different dates
- Postmark deadlineNovember 28, 2026Saturday, the last business day before the increase
- USCIS fee increaseNovember 30, 2026Monday, the official effective date
- Expected investment amount increaseJanuary 1, 2027date not officially confirmed
November 30, 2026 is a Monday, and post offices don’t accept documents on Sundays. The real deadline for mailing is Saturday, November 28.
New Fee Amounts by EB-5 Petition Type
| Petition type | Current fee | New fee starting Nov 30, 2026 |
|---|---|---|
| I-526E (regional center investment) | $4,675 | $8,950 |
| I-526 (direct investment, no regional center) | $3,675 | $7,615 |
| I-829 (removal of conditions) | $3,750 | $5,000 |
Amounts are based on USCIS’s final rule; confirm the exact figures on the official USCIS page or in the Federal Register rule text before filing.
For I-526E, the increase is nearly twofold: the total is made up of two payments — the petition fee itself and the EB-5 Integrity Fund fee. The petition fee component rises from $3,675 to $7,850, while the Integrity Fund fee rises from $1,000 to $1,100; combined, that comes to $8,950 instead of the current $4,675.
For direct investment outside a regional center (I-526), the fee more than doubles. The I-829 fee increases less sharply than the other petition types.
EB-5 Fees: Current and New Rates
| Petition type | Current fee | New fee from Nov 30, 2026 |
|---|---|---|
| I-526E (via regional center) | $4,675 | $8,950 |
| I-526 (direct investment) | $3,675 | $7,615 |
| I-829 (removal of conditions) | $3,750 | $5,000 |
Amounts based on USCIS’s final rule; confirm on the official USCIS page before filing.
Filing I-829 Under the Old Fees: What to Know
An I-829 petition can’t be filed at any point in time: the law restricts filing to a 90-day window before the two-year conditional green card expires. This sets I-829 apart from the other EB-5 petitions, where the investor chooses when to file before November 30, 2026.
If the conditional green card expires after that date, there’s no way to get into the lower-fee window — the applicant’s 90-day period will open after the increase, and they’ll pay the new rate. Only those whose 90-day window opens before November 30, 2026 will be able to save on the fee.
Rushing to save on a fee isn’t worth it if it comes at the expense of the rest of the case: in practice, some applicants have filed in a hurry without even settling on a regional center.
some applicants have filed in a hurry without even settling on a regional center
I-829 can only be filed within your own 90-day window before the conditional green card expires. If that window opens after November 30, 2026, there’s no way to save on the fee.
When the New EB-5 Investment Amounts Take Effect
The new EB-5 investment amounts are expected to take effect on January 1, 2027 — a separate date from the November 30, 2026 USCIS fee increase, and the two shouldn’t be confused. There’s no official confirmation of this date as of publication, so check it on the USCIS website before filing.
The controlling factor is the filing date of the I-526 or I-526E petition — meaning the date USCIS actually receives the document, not the date it was mailed or postmarked. A petition filed before January 1, 2027 is assessed at the current amounts, even if USCIS receives and logs it in January with a slight delay — it’s the receipt date that formally governs.
The reason for the change isn’t a one-off regulatory decision but a mechanism built into the law: investment amounts are automatically adjusted for inflation every 5 years. 2027 marks the next checkpoint in that five-year cycle, so the adjustment is scheduled, not a reaction to current conditions.
For the new investment amounts, what matters is the date USCIS receives the petition, not the mailing date or postmark — unlike the rule for fees.
How Much the Minimum Investment Amounts Are Expected to Rise
| Project type | Current amount | Expected amount from Jan 1, 2027 |
|---|---|---|
| Targeted Employment Area (TEA) or infrastructure project | $800,000 | $900,000–$950,000 |
| Direct investment outside TEA and not an infrastructure project | $1,500,000 | $1,200,000–$1,250,000 |
These figures aren’t final amounts but a forecast based on inflation data — USCIS hasn’t published them yet. The amount for TEA and infrastructure projects is expected to rise from $800,000 to a range of $900,000–$950,000. For direct investment outside a targeted area, expectations point the other way: the amount is expected to drop from the current $1,500,000 to $1,200,000–$1,250,000.
What Determines the Required EB-5 Investment Amount
The type of investment — through a regional center or directly — doesn’t by itself determine the required amount. The deciding factor is something else: whether the project is located in a Targeted Employment Area (TEA) or qualifies as an infrastructure project. It’s this characteristic of the project, not the filing route, that places an investor into the lower or higher amount described in the previous section.
In practice, this split almost mirrors the division between regional center and direct investments, but not because the investment type matters on its own. Most regional center projects are structured from the start to qualify as TEA or infrastructure projects — which is why they tend to fall under the lower amount. Direct investments often end up outside such zones and don’t meet the criteria, which is why the higher amount more often applies to them. But that’s not a rule: a direct investment located in a targeted employment area also qualifies for the lower amount.
a direct investment located in a targeted employment area also qualifies for the lower amount
Is It Worth Rushing to File Before the Increase
For regional center projects, the structure is usually already in place, and once the investment is made, the documents and the petition itself can typically be filed fairly quickly — there’s nothing to wait for. That changes the calculation for anyone who has already chosen a project and was simply putting off filing: the rise in the required investment amount will make participating through a regional center more expensive, so delaying doesn’t pay off in that situation.
But rushing to save money isn’t a universal recommendation. The right call depends on how ready a specific project is and the investor’s personal situation, so it’s worth discussing timing with an immigration attorney, a business consultant, and a tax advisor before filing — they’re the ones who can help assess whether filing now is actually justified.
The timing of your filing is worth discussing with an immigration attorney, a business consultant, and a tax advisor — they can assess whether rushing makes sense in your specific case.
Frequently asked questions
Can I file I-526E after November 30, 2026 but still pay the old fee retroactively
No, the fee increase date is firm: if a petition is filed on or after November 30, 2026, the new rate applies regardless of when document preparation began or when the investment was made. There’s no way to pay the old rate later or dispute the amount retroactively.
What happens if an EB-5 petition is filed between November 30, 2026 and January 1, 2027
During that window, the new, higher USCIS fees already apply (effective November 30, 2026), but the current, lower minimum investment amounts still apply — the new investment amounts aren’t expected until January 1, 2027. These are two independent changes with different effective dates.
Comments
Reader experience is useful, but it is not advice: check the rules on the official site.
No account needed: click Sign in, type any name, and you are done.