Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

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

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Important Update Regarding F, M, and J Student Visa Application Suspension

Following the United States Department of State (“DOS”) announcement to suspend F, M, and J student visa applications at Embassies and Consulates in response to implementing new policies aimed at social media vetting, DOS has released additional information. While this action immediately impacts plans of foreign and exchange students, DOS has made it clear that it does not stop program operations. All F, M, and J student visa applicants are encouraged to review their social media accounts. Deleting all social media accounts may result in a denial as an interviewing consular officer may conclude that the applicant closed the accounts to hide adverse information. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St, Thao Dien Ward,   District 2, Thu Duc City   Ho Chi Minh City, Vietnam    Tel: +84 933 301 488   Email: info@enterlinepartners.com   Facebook: Enterline & Partners – Dịch vụ Thị thực và

Read more >

AILA Sends Letter to Department of Homeland Security Regarding Alien Registration Requirement

On May 12, 2025 The American Immigration Lawyers Association (“AILA”) submitted a letter to the Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services in response to requests for comments to the DHS Interim Final Rule (“IFR”) for information collection described in the Paperwork Reduction Act section with a comment submission deadline of May 12, 2025 as part of President Trump’s Executive Order requiring Alien Registration. In its letter, AILA demanded that the IFR be withdrawn, claiming that it violates the Administrative Procedure Act (“APA”) by adopting arbitrary and irrational requirements and avoiding the necessary notice-and-comment procedure under the APA. AILA added that the ambiguous and perplexing wording of the IFR makes compliance all but impossible while subjecting foreign nationals to harsh penalties. In addition to the APA infractions, the letter noted that the IFR violates the Paperwork Reduction Act (“PRA”) by requesting information that is either superfluous or

Read more >

DOS Suspends F M and J Student Visa Interviews to Expand Social Media Vetting Process

The United States Department of State (“DOS”) has ordered all Embassies and Consulates to stop scheduling new appointments for applicants applying for F, M, and J student visas. In a released cable, DOS Secretary Marco Rubio said that the suspension is in place because DOS plans to expand the screening process of applicants’ social media. “The Department is conducting a review of existing operations and processes for screening and vetting of student and exchange visitor (F, M, J) visa applicants, and based on that review, plans to issue guidance on expanded social media vetting for all such applicants,” commented Rubio on a signed cable. “Effective immediately, in preparation for an expansion of required social media screening and vetting, consulate sections should not add any extra student or exchange visitor visa appointment capacity,” Rubio continued. According to the Associated Press, a DOS official, who spoke on the condition of anonymity, said

Read more >
Vietnam
icons8-exercise-96 chat-active-icon