The changes will impact applicants from various nationalities, including Indian investors who are seeking U.S permanent residency through investment.
What investors must know before November 30, 2026
Investors who invest in the US to get a green card will need to pay a lot more in government filing fees from 30 November. The Department of Homeland Security has finalized a fee rule for the EB-5 Immigrant Investor Program. The new fee structure of USCIS’s will significantly increase the cost for EB-5 investors, with the filing fees rising by 114% for regional-centre investors and 107% for standalone investors.
The updated changes will impact applicants from all nationalities, including the Indian nationals pursuing an US green card through investment. It is said the minimum threshold of the program remains the same. According to the final rule published in the Federal Register, the new fees take effect for any applications and petitions postmarked on or after November 30.
What is the EB-5 program
EB-5 is the “investor green card”. You put money into a US business, and if it creates jobs, you and your family can get permanent residence. The EB-5 program was launched by congress in the year 1990 to bring foreign capital to the US economy and create jobs. The investors who put money into a qualifying new commercial enterprise and also meet the legal requirements of the program, can then apply for permanent residence which is also known as a green card. In most of the cases, their unmarried children under 21 years of age and their spouse can come along to seek permanent residence.
If we talk about where things stand today, the minimum investment set by law is $1,050,000 for a standard project.That figure drops to $800,000 if the project is located in a targeted employment area or qualifies as an infrastructure project. Whichever route you take, your investment has to lead to at least 10 full-time jobs for qualifying U.S. workers. The money itself also needs to come from a lawful source, be fully traceable, and genuinely be at risk under the program’s rules.
There are two major ways to invest for this program. You can either go for the direct investment route or you can invest through a designated EB-5 Regional Center. With a direct investment, the jobs usually need to be created directly by the business you’ve invested in. Regional Center projects are more flexible, since they can often count indirect jobs created in the wider economy. Either way, it’s important to look at the immigration side and the investment side separately and carefully, because a decision that makes sense for one doesn’t always work for the other.
The New Rule
The new rule will become effective from November 30,2026. From that date on, any application, petition, or request postmarked on or after it needs to include the updated USCIS fees. To be precise, the rule does not touch the amount you are required to invest under EB-5. What it does change is the government filing fees, and it also introduces a new $75 EB-5 Technology Fee for certain investor petitions.
| USCIS Filing Fees | Pre November 30 2026 | Post November 30 2026 | Changes |
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| Form I-526 standalone investor petition | | | |
Form I-526E EB-5 Regional Center investor petition |
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EB-5 Integrity Fund Fee for each I-526E investor |
| | | |
Total initial government fees for an EB-5 Regional Center investor |
| | | |
Form I-829 petition to remove conditions |
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Annual Integrity Fund Fee for a regional center with 20 |
| | | |
Annual Integrity Fund Fee for a regional center with more than 20 investors |
| | | |
What should investors do now?
- Do check the postmark date
- Make sure that the pending cases are safe
- Do not count on a waiver
- Do not rush for bad investment just to save a few thousand dollars.
Steps to Take Before November 30, 2026
If you plan to file close to the deadline, don’t let the fee change be your only reason for rushing. Your case still needs solid proof of where your money came from, a clear immigration plan and proper checks on the project. Filing early to save on fees can help in some cases, but it won’t fix a weak investment or missing evidence.
Regional Centers, project companies, and promoters should update their checklists, disclosures, investor messages, and budgets. Government fees should be explained clearly and kept separate from the investment amount and project costs.