DHS Proposes Major Fee Cuts for EB-5 Applications — What Investors Must Know in 2025

At a Glance:

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has proposed sweeping fee reductions for EB-5 investor visa petitions and related filings. This unprecedented move — published in the Federal Register on October 23, 2025 (90 FR 48516) (see DHS Docket No. USCIS-2025-0001) — would reduce filing costs for investors and Regional Centers by as much as 60 percent. Read the official notice → Federal Register

These cuts signal a dramatic shift in DHS policy — from cost recovery toward stimulating EB-5 participation, modernizing processing, and addressing investor litigation. The reduced fees and improved processing capabilities are designed to mitigate risks for investors, such as project delays impacting job creation requirements.

1. What the 2025 EB-5 Fee Proposal Does

DHS is proposing to slash fees across nearly all EB-5-related forms. The reductions affect both individual immigrant investors and Regional Centers that manage investment projects. These proposed changes specifically impact immigrant investor program forms and their associated fee amounts. Regional centers will see fee reductions of 37% to 61% for forms such as the initial designation and project approval.

Source: DHS NPRM 90 FR 48516, Federal Register (Oct 23 2025)

The fee amounts shown above are based on the latest DHS cost analysis and are subject to periodic review and adjustment.

Fast Fact

Public comment period ends December 22, 2025.
Investors and Regional Centers can submit feedback directly through Regulations.gov.

2. Why DHS Is Cutting EB-5 Fees Now

The EB-5 program — the Immigrant Investor Program — allows qualified foreign nationals to gain permanent residency through job-creating U.S. investments. Yet, in recent years, it has faced falling participation, high costs, and investor frustration over backlogs. The proposed fee changes are intended to better align program fees with actual program costs and to ensure sufficient funding for processing benefit requests. The EB-5 program facilitates low-cost, non-recourse funding that fills capital gaps in large real estate projects.

Litigation concerns over previous fee structures have influenced the current proposal, as ongoing lawsuits and regulatory challenges have prompted USCIS to review how program fees are set and how program costs are recovered.

Key Insight

DHS stated that operational efficiencies, increased electronic filing, and the need to restore investor confidence justify the lower fees. The proposed reductions are designed to:

• Encourage foreign direct investment through EB-5;
• Improve affordability for investors after years of fee hikes;
• Modernize USCIS funding to reflect updated cost analysis;
• Address lawsuits alleging unreasonable EB-5 fee structures.

Times of India coverage → “Investment-linked green card: USCIS proposes lower EB-5 fees amid investor litigation”

3. Fee Comparison: Current vs. Proposed

These adjustments reflect an effort to revitalize a sector once limited to elite investors by reducing entry barriers for mid-tier global investors. The proposed changes could save regional centers and investors tens of thousands of dollars per project, representing substantial financial benefits. The proposed fee structure does not include additional costs for processing benefit requests with no fee or a reduced fee; the reduced fee approach is designed to balance affordability for applicants with the need to recover full operational costs and ensure program sustainability.

4. How Investors and Regional Centers Benefit

Reduced Financial Barriers

Lower filing fees mean more accessible pathways for entrepreneurs and investors worldwide — especially from India, China, Brazil, and South Korea — to invest in U.S. job-creation projects.

Improved Program Participation

Regional Centers, especially those paused during the pandemic and reform years, may re-register and bring new projects online. New penalties will be imposed for late payments of the annual fee required of designated regional centers for the Integrity Fund, starting at 10% for payments 31–60 days late and increasing to termination of designation after 90 days. A new Form I-527 will be established for certain legacy investors who need to retain eligibility after a regional center termination.

Key Insight

This fee rule could re-energize Cleveland and Columbus EB-5 projects, where developers have leveraged investor funds for hotel, housing, and mixed-use developments.
Lower USCIS fees may help smaller urban projects compete nationally.

5. Strategic Considerations for 2025 Investors

Expert Tip

If you’re preparing an EB-5 filing now, consider timing your submission. While the rule is not yet final, DHS may adopt it within Q1 2026.

• Filing before finalization locks you into current higher fees.
• Filing after finalization could save thousands — but risks potential backlog if demand surges.

Important Note

The proposed rule is not yet effective. Investors should monitor updates via the USCIS EB-5 Fee Rule page.

6. What Has Not Changed

Despite fee reductions, core EB-5 requirements remain unchanged:

• Investment in a qualifying commercial enterprise: The EB-5 program requires that investors place their funds in a U.S. business that meets the definition of a commercial enterprise, which must comply with all program regulations.
• Minimum investment: $1,050,000 (standard) or $800,000 if investing in a targeted employment area (TEA)—a designated zone that qualifies for the lower investment threshold. Note that these minimum investment amounts may be subject to future inflation adjustments, with scheduled increases by DHS, such as those planned for January 2027.
• Job-creation requirement: 10 full-time U.S. jobs;
• Sustainment period: minimum 2 years;
• Source of funds documentation remains strict;
• Due diligence and project vetting still critical.
• If finalized, the main EB-5 petition fee would drop from $11,160 to $9,625, a 14% decrease.
• The fee for removing conditions on permanent residence would fall from $9,525 to $7,860.

Fast Fact:

The EB-5 Reform and Integrity Act of 2022 remains in effect — fee cuts do not alter integrity requirements. (USCIS EB-5 Integrity Act Overview)

7. Legal and Regulatory Perspective

Why This Rule Matters Legally

Under the Administrative Procedure Act (APA), DHS must justify fee structures through transparent cost analysis. The 2025 proposal shows DHS responding to investor complaints and lawsuits, suggesting: The proposed fee structure is intended to create a more sustainable funding model for USCIS’s EB-5 program operations, including fraud monitoring. DHS’s proposed fee adjustments are intended to align with costs identified in an EB-5-specific fee study mandated by Congress.

• A shift from cost-recovery to accessibility;
• Recognition that EB-5 petitioners shoulder disproportionate administrative costs;
• Anticipation of EB-5’s role in post-pandemic economic recovery.

Need to Know

The rule applies only to filing fees, not investment amounts or job creation thresholds.
However, DHS acknowledges possible future re-assessment of EB-5 program parameters.

8. How Law Firms and Advisors Are Responding

National Perspective

Leading EB-5 attorneys view the proposal as a reset opportunity for global investors deterred by costs. Firms specializing in EB-5 now emphasize project vetting, investor due diligence, and timing strategy.

Cleveland and Columbus Note

Ohio’s metro areas — especially Cleveland and Columbus — have attracted EB-5 funding for revitalization projects in hospitality and urban housing. Lower USCIS fees may revive Regional Centers in these cities to draw mid-market international investors.

9. Frequently Asked Questions (FAQs)

Q 1. When will the new fees take effect?
A: After the public comment period ends (Dec 22 2025) and DHS issues a final rule — likely by Q1 2026. A public comment period of 60 days will start after the proposal’s publication in the Federal Register on October 23, 2025.

Q 2. Can I still file under current fees?
A: Yes. Until the rule is final, existing fees apply. Some investors file now to avoid potential delays later.

Q 3. Do lower fees mean faster processing?
A: Not necessarily. Fee cuts reflect budget changes, not processing speed. USCIS may still face backlogs. However, USCIS aims to process most EB-5 petitions within about six to eight months.
How do priority dates affect EB-5 eligibility and processing times?
A: Priority dates are crucial for EB-5 applicants, especially those from high-demand countries like China and India. Filing early secures an earlier priority date, which determines your place in the visa queue and can impact eligibility and processing times if there is a visa backlog. Strategic planning around priority dates is important for timely project entry and immigration benefits.

Q 4. Does this affect minimum investment amounts?
A: No — the investment threshold remains $1,050,000 ($800,000 in TEA).

Q 5. Can Regional Centers apply now under the lower fees?
A: Not yet. They must wait until the rule is finalized and published in the Federal Register.

Q 6. What if I already filed my I-526E?
A: Your fee is locked in at the time of filing; you cannot retroactively claim a reduction.

Q 7. How can I comment on the proposal?
A: You can participate in the rulemaking process by submitting comments electronically at Regulations.gov – USCIS 2025 EB-5 Fee Rule. Timely and relevant submissions are important, as they allow the public to influence the final policy or rule. Be sure to follow the instructions on the site to ensure your feedback is considered before the deadline.

10. How This Affects Global Investors

Investors from Asia, the Middle East, and Latin America — especially those previously deterred by high fees — are expected to re-enter the market. According to industry analysts, fee reductions could increase filings by 10 to 20 percent within a year of implementation. The regional center program requires compliance from all persons involved in project administration and investment oversight, ensuring integrity and adherence to EB-5 regulations.

Key Insight:

EB-5’s economic impact in the U.S. has been estimated at $37 billion in GDP growth and 276,000 jobs created since 1990. Lower fees may extend those benefits to more communities. (IIUSA Industry Report 2024)

11. Policy and Economic Context

The fee cuts come as part of a larger DHS re-evaluation of immigration fees across categories.

• Employment-based programs (H-1B, L-1, EB-1) recently saw increases;
• EB-5 alone is targeted for cuts to boost economic growth and offset foreign investment declines;
• DHS projects that overall revenue will remain stable as filing volumes increase, which will help cover program costs and support processing benefit requests.

Important Note:

The proposed cuts also introduce a new Form I-526C for certain investor categories, creating greater transparency in fee allocation.

12. Practical Steps for Investors Now

Step 1: Track Rule Progress

Bookmark the DHS EB-5 Fee Rule page and subscribe to updates on Regulations.gov.

Step 2: Prepare Source-of-Funds Documents

Gather bank statements, tax returns, gift records, and evidence of lawful fund origin — the most time-consuming part of any EB-5 case.

Step 3: Consult an Experienced EB-5 Attorney

Seek guidance from a firm experienced in both direct and Regional Center investments.
Start with Herman Legal Group — a nationally recognized immigration law firm with offices in Cleveland and Columbus, Ohio, serving clients across the U.S. and globally.

Step 4: Compare Project Opportunities

Fee savings can be redirected to project due diligence, legal compliance, and business analysis.

13. Impact on Regional Centers and Developers

Regional Centers — the entities designated by USCIS to administer EB-5 projects — will benefit most from the largest fee cuts (≈ 60 %). Regional centers typically manage EB-5 investments through designated commercial enterprises, ensuring compliance with program requirements and facilitating the investment process.

This could lead to a wave of new project approvals nationwide and revived activity in mid-tier markets like Cleveland and Columbus. Successful EB-5 investments can result in permanent resident status for investors and their eligible family members, making these opportunities especially attractive.

Key Insight:

Developers in Ohio’s tech corridors and healthcare expansion zones may find it easier to secure foreign investment for projects under $100 million — previously unviable under the older fee regime.

14. Risks and Cautions

Important Note

Fee cuts do not guarantee program stability. Congressional reauthorization and future policy changes could affect timelines and eligibility.

Expert Tip:

Work with attorneys who monitor USCIS rulemaking closely — including tracking litigation and EB-5 visa bulletin changes. (See U.S. Department of State Visa Bulletin).

15. The Bigger Picture — EB-5’s 2025 Revival

The proposed rule is more than a cost adjustment — it represents a signal of confidence in EB-5 as a job-creation tool.

If finalized, it may lead to:

• Broader investor participation;
• Revival of dormant Regional Centers;
• Greater geographic diversity in EB-5-funded projects;
• Renewed global investor confidence in U.S. immigration stability.

Integrity Fund Fees and the EB-5 Reform

The EB-5 Reform and Integrity Act of 2022 brought sweeping changes to the EB-5 program, with a strong focus on program integrity and fraud prevention. One of the most significant updates is the creation of the EB-5 Integrity Fund, which is financed by annual integrity fund fees paid by regional centers and, in some cases, investors. The purpose of the EB-5 Integrity Fund is to provide the Department of Homeland Security with resources to conduct investigations, audits, and for-cause site visits, ensuring that regional centers and commercial enterprises comply with all program requirements.

Under the proposed rule, the integrity fund fees are formally codified, and clear penalties are established for late or missed payments. These fees are essential for supporting the administration of the EB-5 program, including the processing of benefit requests, monitoring of regional centers, and enforcement of the integrity provisions introduced by the reform and integrity act. By funding these oversight activities, the EB-5 integrity fund aims to protect both investors and the U.S. economy from fraud and abuse, while reinforcing the credibility of the EB-5 program as a pathway to permanent residency through qualifying investment.

Filing Fees and the Public Comment Period

The proposed rule introduces substantial fee reductions for EB-5 investors and regional centers, aligning the new fees with the actual costs of processing immigration benefit requests. This adjustment is intended to make the EB-5 program more accessible and efficient, while ensuring that the fee structure supports the operational needs of USCIS.

A key feature of the proposed rulemaking process is the public comment period, which lasts for 60 days following the rule’s publication in the Federal Register. During this time, stakeholders—including investors, regional centers, and immigration attorneys—are encouraged to submit comments and feedback on the proposed fees, integrity fund fees, and other aspects of the rule.

Comments can be submitted electronically through the Federal eRulemaking Portal, allowing for broad participation and transparency. The input gathered during the comment period will help DHS refine the final rule, ensuring that the new fee structure and program requirements best serve the needs of the EB-5 community and the broader U.S. economy.

Stakeholder Feedback

The proposed fee reductions have been met with cautious optimism by stakeholders across the EB-5 landscape. Regional centers, investors, and immigration attorneys generally view the lower fees as a positive move toward greater program accessibility and reduced financial barriers. Many believe that the proposed rule will help revitalize regional center participation and attract a wider range of foreign investors.

However, some stakeholders have raised concerns about the potential impact on program integrity, particularly regarding the implementation and enforcement of the integrity fund fees and associated penalties. There is a call for additional guidance from DHS to clarify how these new requirements will be applied in practice. The public comment period offers a critical opportunity for stakeholders to voice their support, share concerns, and suggest improvements to the proposed rule.

All feedback submitted during the comment period will be carefully considered by DHS before the final rule is published, ensuring that the final fee structure and integrity measures reflect the needs and priorities of the EB-5 community.

Implementation

Once the public comment period concludes and DHS completes its final fee study, the new fee structure—including the integrity fund fees—will be implemented following the publication of the final rule in the Federal Register. The new fees are expected to take effect 60 days after the final rule is published, giving regional centers and investors time to prepare for compliance.

Regional centers and investors should be proactive in understanding the new requirements, including timely payment of integrity fund fees and the submission of any additional documentation needed to support their benefit requests. The Department of Homeland Security will provide detailed guidance and support throughout the implementation phase, helping stakeholders navigate the transition to the updated fee structure and program rules.

By staying informed and working closely with experienced immigration attorneys, regional centers and investors can ensure a smooth adjustment to the new EB-5 landscape and continue to benefit from the opportunities offered by the program.

Key Takeaways

• DHS proposes major EB-5 fee cuts (14–61%), effective after final rule publication (expected 2026).
• Investors and Regional Centers stand to save thousands in USCIS filing costs.
• Core EB-5 requirements remain unchanged — investment thresholds and job creation rules still apply.
• Fee reductions aim to revitalize the EB-5 market and attract mid-tier investors.
• Cleveland and Columbus projects could benefit as mid-market EB-5 hubs.
• Public comments accepted through December 22, 2025.
• The proposed rule includes a technology fee of $95 for initial I-526 and I-526E filings.
• Consult experienced EB-5 counsel such as the Herman Legal Group before making filing or investment decisions.