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

USCIS

USCIS Premium Processing 2026: Fees, Forms I-129, I-140, and Current Status

For employers and employees navigating the U.S. immigration system, time is often the most critical resource. The United States Citizenship and Immigration Services (“USCIS”) Premium Processing Service allows petitioners to significantly accelerate the adjudication of certain forms, specifically Form I-129 (Nonimmigrant Worker) and Form I-140 (Immigrant Worker), for an additional fee. As of early 2026, USCIS has announced significant updates regarding fee structures and availability. This guide consolidates everything you need to know about using Premium Processing this year. Latest Update: Fee Increase Effective March 1, 2026 In January 2026, USCIS, through the Department of Homeland Security, announced a final rule to increase premium processing fees to adjust for inflation. Important: If you are filing Form I-907, Request for Premium Processing Service postmarked on or after March 1, 2026, you must pay the new fee. Filings with incorrect fees will be rejected. 2026 Premium Processing Fee Schedule Form Type Eligible

Read more >
Where Should You Get Married? United States vs. Vietnam Immigration Paths

Where Should You Get Married? United States vs. Vietnam Immigration Paths

For many Vietnamese and American couples, marrying is an important decision.  One  important question is where to get married.  Deciding where to marry  can shape your immigration timeline, your ability to live together, and even whether your immigration case succeeds. Many couples face the same dilemmas.  At Enterline and Partners, we regularly advise couples navigating these choices, including those working with an immigration attorney in Vietnam while planning their future in the United States. In this article, we’ll explain the pros, cons, timelines, and risks of each option to help you choose the path that best fits your priorities and avoid costly immigration mistakes. Option 1: Registering Your Marriage in Vietnam Followed By Sponsoring Your Vietnamese Spouse for Immigration Registering your marriage in Vietnam allows you to marry first and then begin the U.S. immigration process from abroad. How the Process Works When a U.S. citizen and a Vietnamese national

Read more >

What Is A Form I-94? Understanding the U.S. Arrival/ Departure Records

Following arrival in the United States, visitors (i.e. nonimmigrant visa holders, those from visa-free countries) are issued a Form I-94 which determines allocated length of stay. The Form I-94 used to be a paper form attached to the visitor’s passport. Now it is saved electronically on the Customs and Border Protection (“CBP”) website.  Unfortunately, many visitors overlook the Form I-94 which actually controls how long they can remain in the country. The Form I-94 is the official record that proves a visitor entered the U.S. lawfully at a Port-of-Entry (“POE”).  It also shows  exactly how long the visitor is allowed to remain.  This guide explains what the Form I-94 is, why it matters, how to access it, and what to do if something is wrong. Why is a Form I-94 Important? The Form I-94 does more than confirm your entry into the United States. A visitor will need it for

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo