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

F4 Visa Bulletin Update: Waiting Time for Family-Based Sibling Immigration

The U.S. immigration system provides a specific pathway for U.S. citizens to sponsor their siblings for lawful permanent residency (“Green Card.”) The Family-Based Fourth Preference (F4) category is dedicated to the brothers and sisters of adult U.S. citizens ages twenty-one (21) and above. While this is a popular route for family reunification, the F4 category visa waiting time is historically the longest in the system due to annual caps and high global demand. How the Wait Time is Shown on the U.S. Visa Bulletin The wait time for an immigrant visa in the F4 category is determined by the United States Department of State’s Visa Bulletin. The Visa Bulletin lists the priority date for each preference category, which is the date on which the United States Citizenship and Immigration Services (“USCIS”) received the Form I-130 Petition for Alien Relative (“Form I-130”) filed by the U.S. Citizen petitioner on behalf of

Read more >

The U.S. EB-5 Immigrant Investor Regional Center Program: History, Temporary Status, and Expiration Timeline

The EB-5 Reform and Integrity Act of 2022 (“RIA”) reauthorized and reformed the EB-5 Immigrant Investor Program, a U.S. immigration program that offers foreign nationals a pathway to U.S. permanent residency through investment in American businesses that create jobs. A significant component of this program is the EB-5 Immigrant Investor Regional Center Program, which allows investors to consolidate their resources through designated Regional Centers and invest in projects that drive economic growth and job creation. The Regional Center Program was introduced by Congress in 1992 as a pilot program to enhance the EB-5 visa classification. It was classified as a pilot program – a short-term “test” program – to allow for more flexibility for job creation based on the minimum investment.  Investments may be made into businesses or “projects” sponsored by Regional Centers, which are approved by the United States Citizenship Immigration Services.  Typically, these Regional Centers manage or oversee

Read more >

Vietnamese Names Listed in a Different Order on U.S. Visas and Green Cards

United States government posts have frequently listed Vietnamese citizens’ names on government documents in a different order such as on visas and Form I-551 (“Green Cards”.) This often happens because Vietnamese passports list names in the order of last name (or “family name” or “surname”) followed by the middle name and then the first name. This traditional naming style can cause significant confusion regarding the proper Vietnamese visa name order. Moreover, some Vietnamese individuals have more than one middle or first name, resulting in four names represented on a passport, which further complicates the data entry for U.S. officials. Regional Accuracy: Why Where You Apply Matters For U.S. government posts in Vietnam, such as the U.S. Consulate in Ho Chi Minh City and the U.S. Embassy in Hanoi, this is usually not a problem. Immigrant and nonimmigrant visas issued by these offices are normally correct because the consular officers have

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo