Reviewed by John Hu, Principal Consultant at John Hu Migration Consulting.
USCIS EB-5 filing fees rise on 30 November 2026: I-526E from US$3,675 to US$7,850, I-829 from US$3,750 to US$5,000 (announced 29 September). This is not a call to rush a deadline; it is a guide to what to do in these four weeks if you already plan to apply.
1. Keep the fee in proportion
| Item | Now | From 30 Nov |
|---|---|---|
| I-526E fee | US$3,675 | US$7,850 |
| I-829 fee | US$3,750 | US$5,000 |
| Minimum investment (TEA) | US$800,000 | US$800,000 |
| Minimum investment (non-TEA) | US$1.05 million | US$1.05 million |
The I-526E form fee excludes the separate Integrity Fund fee (US$1,100 under the new rule). The form-fee increase is about US$4,175, small against an investment of US$800,000 or more. Rushing a project choice or filing with incomplete funds documents usually costs far more than the fee difference.
2. Two dates people confuse
- 30 November: new fees take effect, which concerns cost;
- 30 September (grandfathering): concerns queue protection; separate, see the 30 September EB-5 myths.
In the November Visa Bulletin EB-5 final action dates match October: unreserved rest of world Current, set-asides Current. USCIS can adjudicate the I-526E regardless of visa availability. (EB5Investors.com, third-party summary.)
3. The 4-week checklist
Week 1: eligibility and birthplace
- Confirm your and your spouse’s birthplace (the queue follows birthplace; Hong Kong-born is generally “rest of world”, attorney to confirm);
- Confirm family members (applicant, spouse, unmarried children under 21).
Week 2: source of funds
- Assemble source-of-funds evidence: income, tax records, asset sales, gifts;
- The fund trail is usually the slowest part; see JHM’s related article.
Week 3: choose the project
- TEA (US$800,000) vs non-TEA (US$1.05 million); set-aside vs unreserved;
- Assess project risk and capital-return terms; have your attorney review documents.
Week 4: pre-filing review
- Check every form and exhibit;
- Confirm the applicable date with your attorney; the final rule applies to petitions postmarked on or after 30 November 2026.
Timing for each step varies by case and is not an official figure.
4. “Beat 30 November” is not right for everyone
- Funds documents incomplete: later evidence requests can cost time;
- Project due diligence unfinished: risk outweighs the fee gap;
- Not yet decided on EB-5: no need to rush.
After the increase, project quality and capital safety still come first. For the full process see US EB-5 investment immigration and 3 timeline milestones every EB-5 investor should know before filing.
JHM works with New York attorney Susan Akina on the legal side.
FAQ
Q: Is the fee always US$7,850 after 30 November? Per USCIS the new fees take effect on 30 November; the final rule applies to petitions postmarked on or after that date. The separate I-526E Integrity Fund fee also rises to US$1,100; confirm the full amount with your attorney.
Q: Should I still apply if I miss it? The difference is small against the investment; prioritise funds documents and project quality.
Q: When does the I-829 fee apply to me? I-829 is filed about two years after conditional residence, at the fee in force then.
For reference only; not legal advice. Policies, fees and dates may change; outcomes vary with applicant background and official requirements. Consult qualified professionals on legal and tax matters.
JHM has helped 6,000+ families over 17 years.
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Sources: U.S. Federal Register EB-5 final fee rule (30 September 2026); U.S. Department of State November 2026 Visa Bulletin; EB5Investors.com 22 October 2026 (third-party). Step timings are general experience, not official.