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USCIS to Increase EB-5 Filing Fees

USCIS to Increase EB-5 Filing Fees

File Now to Save Thousands!

January 30, 2024 - Today USCIS published a substantial fee increase to EB-5 form filing fees. The new fees are scheduled to take effect on April 1, 2024, making it imperative for prospective EB-5 investors to act swiftly to avoid additional 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 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 fee for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is $9,525, a $5,690 or 148 percent increase from the current $3,835 fee. 

The fee for Form I-485, Application to Register Permanent Residence or Adjust Status (with biometric services), is $1,440, a $215 or 18 percent increase from the current $1,225 fee. 

The fee for Form I-131, Application for Travel Document, is $630, a $55 or 10 percent increase from the current $575 fee. 

The fee for Form I-765 Application for Employment Authorization (paper filing) (with biometric services), is $520, a $25 or 5 percent increase from the current $495 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. In the FY 2022/2023 fee review, USCIS estimates an annual average requirement of 245 positions in IPO. While the fee price increase is significant, an improvement in processing times will be a welcome change for EB-5 investors. 

Investors who file now can still enter the queue for improved processing times without paying the additional fees. Fees will not change until the final rule goes into effect until April 1, 2024. 

File now to save thousands!     Contact our office to learn more

 

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