USCIS Publishes Final Rule Increasing Fees for Some EB-5 Forms

We want to inform you about important changes regarding EB-5 visa processing fees. On January 31, 2024, the U.S. Citizenship & Immigration Services (USCIS) announced a final rule increasing fees for various EB-5-related forms. These adjustments are scheduled to come into effect on April 1, 2024.

USCIS has indicated that this fee increase affects multiple immigration categories, with EB-5 experiencing the highest percentage rise per form. This development follows USCIS’s publication of a notice of proposed rulemaking (NPRM) in January 2023, signaling its intent to adjust fees.

In response to the NPRM, the Invest in the USA (IIUSA) organization submitted comments to USCIS expressing concerns about the substantial and unjustified nature of the fee hikes. IIUSA highlighted issues such as prolonged processing times, flawed data used to justify fee increases, and the disproportionate burden placed on EB-5 investors regarding fee waiver programs. Furthermore, IIUSA emphasized the absence of a requisite fee study mandated by the EB-5 Reform and Integrity Act of 2022.

We understand that these changes may impact your immigration plans, and we are here to provide guidance and support during this transition period. Don’t hesitate to reach out to discuss how these fee adjustments may affect your specific situation.