Green Card Path Made Cheaper for EB-5 Investors
The US Department of Homeland Security (DHS) has proposed a series of regulatory changes to the EB-5 Immigrant Investor Programme, including reductions in key filing fees and procedural updates aimed at improving efficiency and accessibility for applicants.
Under the proposal, the filing fee for Form I-526 and its regional centre version, Form I-526E, would decrease by 14 per cent to a total of $9,625, inclusive of a new $95 technology surcharge. The fee for Form I-829, which investors use to remove conditions on permanent residency, would be reduced by 17 per cent to $7,860.
DHS said the revised fees are designed to create a fairer cost structure while supporting US Citizenship and Immigration Services (USCIS) operations. The EB-5 programme allows foreign nationals to obtain lawful permanent residence by investing in US businesses that create jobs for American workers.
Each year, up to 10,000 visas are available to qualifying investors and their dependents. To participate, investors must contribute at least $1,050,000 to a new commercial enterprise, or $800,000 if the investment is in a targeted employment area or infrastructure project. Each investment must lead to the creation of at least ten full-time jobs for US workers.
The proposal also introduces Form I-527, intended for investors whose regional centres have been terminated or debarred. This form would apply mainly to applicants who filed before March 2022 and whose cases remain pending. DHS further plans to formalise the fee and penalty structure of the EB-5 Integrity Fund, which supports compliance oversight and helps maintain the programme’s integrity.
Additional changes would clarify how spouses and children of EB-5 investors may submit separate Form I-829 petitions if they are not included in the principal investor’s filing. DHS said this update is meant to streamline family-related adjudications and reduce administrative delays.
The proposed reforms, while largely technical, are part of a broader effort to modernise the EB-5 process and ensure its continued role in promoting investment and job creation across the United States. The rule will be open for public comment before any final implementation.