Enterline & Partners Consulting | info@enterlinepartners.com

New Increased USCIS Filing Fees for EB-5 Investors

Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein.  As long as this preliminary injunction is in place, the existing fees remain as before.

Effective October 2, 2020, all EB-5 investors will need to pay more to file Form I-526 Petitions and Form I-829 Petitions pursuant to a proposed rule by the United States Citizenship and Immigration Services (“USCIS”). The increase to the petitions in the EB-5 visa category is part of a comprehensive increase to petitions, applications and other benefits proposed by USCIS in August 2020.

The new fee for the I-526 Immigrant Petition by Alien Investor will rise to $4,010 from the previous fee of $3,675.

The new fee for the I-829 Petition by Investor to Remove Conditions on Permanent Residence Status will rise to $3,900 from the previous fee of $3,750.

All petitions postmarked on or after October 2, 2020 must include the new increased fees as established by the final USCIS fee rule.

According to USCIS, the increased fees are a result of increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners and beneficiaries. The rule also supports payroll, technology and operations to accomplish the USCIS mission.

EB-5 stakeholders such as the American Immigration Lawyers Association (“AILA”) and the American Immigration Council (“AIC”) submitted comments in response to the proposed rule. In a joint statement submitted to USCIS, AILA and AIC opposed the proposed fee increases noting that if implemented as written, the proposed rule would require customers to pay increased fees for decreased services.  In recent years, USCIS case processing has slowed dramatically, due in significant part to the agency’s own inefficient policies, especially in the EB-5 visa category.  Currently, USCIS reports adjudication times for I-526 petitions at 37 to 73.5 months and I-829 petitions at 28.5 to 51.5 months.

Two lawsuits have been filed against the USCIS challenging key components of the final rule and requesting a preliminary injunction enjoining (stopping) implementation of the rule.  If the implementation of the fee rule is enjoined, it is likely that USCIS will be required to continue to use its current fee schedule and accept current versions of all forms.  However, if the court does not grant the injunction, EB-5 investors must be prepared to file petitions consistent with the new fee rule.

For more information on the fee increases in the EB-5 visa category or any other visa category fee increase, contact one of our immigration lawyers in Asia.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Affiliated Job-Creating Entity From The RIA

The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, run, or controlled by individuals associated with the new business endeavor or the EB-5 Regional Center is considered an “affiliated job-creating entity” in this context. According to this, a company falls under this category if it has ties to the people who control the business or Regional Center. These associated entities play a critical role in achieving the job creation objectives of the EB-5 program. These entities are not isolated in their activities; rather, they are closely linked to new business ventures and regional hubs that manage the flow of capital and ensure the development

Read more >
US Investment visa

A Complete Guide to the U.S. Investment Visa Process

For individuals looking to build a future in the United States, investment immigration is a viable option for some.   Through a U.S. investment visa, foreign nationals can pursue lawful permanent residence (“Green Card”) by investing capital into U.S. businesses that creates jobs and contributes to the growth of the American economy. It is an attractive option for entrepreneurs, business owners, and individuals with the resources to contribute capital, while also opening the door for their spouse and unmarried children under 21 to join them in the United States.  At Enterline and Partners, we understand that investment immigration is an important financial and personal decision. That is why our team works closely with clients to assess eligibility, prepare strong applications, and handle the often complex requirements of U.S. investor immigration law.  With decades of experience behind us, we help investors and their families take confident steps toward permanent residency and new

Read more >

Understanding Form I-864A: Contract Between Household Member and Sponsor

For many family-based immigrants applying for a Green Card, a key step in the process is the submission of Form I-864, Affidavit of Support (“I-864”). This is a legally binding contract in which the sponsoring family member (“Sponsor”) agrees to financially support the intending immigrant (“Beneficiary”). However, in some cases, the “Sponsor” alone may not have sufficient income or assets to meet the required financial support threshold. That is where Form I-864A, Contract Between Sponsor and Household Member (“Form I-864A”) comes into play. A Form I-864A,  is used when a household member—such as a spouse, adult child, parent, or other relative residing at the same address—agrees to combine their income with the Sponsors to meet the minimum financial requirement. The household member must be willing to commit to support the Beneficiary alongside the Sponsor by signing the Form I-864A. It is important to understand the difference between the I-864 and

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo