USCIS EB-5 Fees Rise on November 30, 2026: I-526E to $7,850 and I-829 to $5,000, Plus the Tax Steps Investors Should Plan Before and After the Green Card

One-sentence takeaway

Under a DHS final rule published in the Federal Register on September 30, 2026 (91 FR 61940), any EB-5 form postmarked on or after November 30, 2026 must carry the new fees: the regional center investor petition Form I-526E rises from $3,675 to $7,850, the standalone Form I-526 from $3,675 to $7,615, Form I-829 from $3,750 to $5,000, and the I-526E Integrity Fund fee from $1,000 to $1,100. Separately, the law calls for the $800,000 / $1,050,000 minimum investment amounts to adjust for inflation beginning January 1, 2027, so investors should plan the filing date, the source-of-funds paper trail, and the U.S. tax residency that starts with the green card together.

News background

USCIS published the final EB-5 fee rule on September 30, 2026, finalizing the proposed rule of October 23, 2025. The rule's effective date is November 30, 2026, and the test is the postmark date: a petition postmarked on or after that date must include the new fee.

DHS says the change affects about 16,600 EB-5 filings a year and raises form fees by about 70.7% on a weighted-average basis (about $2,945.90). The stated purpose is to recover the cost of adjudication, site visits, background checks, and fraud detection required by the EB-5 Reform and Integrity Act of 2022.

The "current" fees in the rule are the fees in effect before April 1, 2024. After the Moody v. Noem court decision, USCIS reverted to those older fees in November 2025, which is why today's I-526E fee is $3,675.

For context, the EB-5 program allocates about 10,000 visas a year to investors who invest at least $1,050,000, or $800,000 in a targeted employment area (TEA) or infrastructure project, in a U.S. business that creates at least 10 full-time jobs.

Old vs. new

Form I-526E (regional center investor, initial): $3,675 → $7,850 (includes a $75 EB-5 Technology Fee).

Form I-526E amendment: $3,675 → $7,775.

Form I-526 (standalone investor): $3,675 → $7,615 (includes the $75 Technology Fee).

I-526E EB-5 Integrity Fund fee: $1,000 → $1,100 (a 10% inflation adjustment based on CPI-U from 2022 to 2025).

Form I-829 (remove conditions): $3,750 → $5,000.

Form I-527 (new, amendment to a legacy Form I-526): $10,330.

Regional centers: Form I-956 initial $17,795 → $44,115; I-956 amendment $17,795 → $9,835; I-956F $17,795 → $42,675; I-956G $2,165; I-956H $65; I-956K $2,165; annual Integrity Fund fee (due October 1) $10,000 → $11,000 for centers with 20 or fewer investors and $20,000 → $22,000 for others.

What has not changed yet: the minimum investment is still $1,050,000 / $800,000. Under 8 U.S.C. 1153(b)(5)(C)(iii), those amounts adjust for petitions filed on or after January 1, 2027 based on cumulative CPI-U since January 1, 2022, rounded down to the nearest $50,000, with the TEA amount set at 75% of the standard amount. As of November 3, 2026, DHS had not yet published the technical amendment with the official 2027 figures, so any specific number you see is a projection.

Self-check

If your I-526E package is nearly ready: a postmark before November 30, 2026 keeps the current $3,675 + $1,000 fees, but a rushed filing with weak source-of-funds evidence can cost far more than the fee difference. Decide with your immigration attorney.

If your funds are not fully in place: the statutory investment adjustment applies to petitions filed on or after January 1, 2027, so confirm the investment timeline and the filing date together.

If your conditional green card expires in 2027: Form I-829 can be filed only in the 90-day window immediately before the expiration date, and from November 30, 2026 the fee is $5,000.

If parents or relatives outside the U.S. are gifting the investment funds and you are already a U.S. tax resident (for example, on an H-1B or F-1 status that meets the substantial presence test): gifts from a nonresident alien totaling more than $100,000 in a year must be reported on Form 3520 Part IV.

If you will receive a conditional green card: you become a U.S. tax resident under the green card test, report worldwide income from your residency starting date, and may need FBAR (foreign accounts over $10,000 in aggregate) and Form 8938.

Simplified example

This is a simplified illustration with assumed facts. It is not immigration or legal advice; your attorney decides the filing strategy.

Assume Mr. Wang, a Chinese investor, plans an $800,000 TEA investment through a regional center and files Form I-526E.

Filing fees: postmarked by November 29, 2026, he pays $3,675 + $1,000 = $4,675. Postmarked on or after November 30, 2026, he pays $7,850 + $1,100 = $8,950, which is $4,275 more. Two years after he receives his conditional green card, his Form I-829 fee will be $5,000 under the new schedule instead of $3,750.

Source of funds: his parents in China gift him $500,000 in 2026 while he is working in the U.S. on an H-1B and already meets the substantial presence test. Because the gifts from a nonresident alien exceed $100,000, he files Form 3520 Part IV by April 15, 2027 (October 15, 2027 if he extends his Form 1040 with Form 4868). The gift generally is not taxable income to him, but missing Form 3520 can bring penalties.

After the green card: if Mr. Wang were outside the U.S. when he received the green card, his tax residency would generally start on the first day he enters as a permanent resident; that year is often a dual-status year, with no standard deduction. From then on, Chinese bank accounts, wealth management products, and any income allocated from the EB-5 investment must be reported under U.S. rules.

Action steps and timeline

Now through November 29, 2026: work with your immigration attorney to decide whether a complete I-526E package can be postmarked before November 30. Keep proof of the mailing date, and pay each form's fee separately (USCIS rejects a single combined payment for I-526E and other forms).

November 30, 2026: new fees apply to anything postmarked on or after this date, including Form I-829.

December 31, 2026: the last day before the statutory investment-amount adjustment begins on January 1, 2027. Watch for the DHS technical amendment in the Federal Register before you rely on any figure.

Before the green card: do pre-immigration tax planning. Inventory overseas accounts, investments, and companies; organize the records that document where the investment money came from (gift agreements, transfer records, sales contracts); and review whether any assets should be restructured before you become a U.S. tax resident.

April 15, 2027: 2026 Form 1040, Form 3520 (if you are a U.S. person who received large foreign gifts), and FBAR (automatic extension to October 15).

October 1 each year: regional centers pay the annual Integrity Fund fee ($11,000 or $22,000 under the new rule).

How YCL can help

Pre-immigration tax planning: we map your residency starting date, the first-year dual-status return, and the reporting that begins once you are a U.S. tax resident, and review overseas assets before the green card.

Source-of-funds support: we organize income, gift, and asset-sale records from a tax perspective so they line up with your attorney's source-of-funds evidence and with U.S. reporting such as Form 3520.

Ongoing compliance: Form 1040 (including dual-status returns), FBAR, Form 8938, Form 3520, Schedule K-1 income from the EB-5 investment entity, and coordination with the U.S.–China tax treaty.

Regional centers and project companies: fee budgeting under the new schedule, bookkeeping, partnership returns, and investor K-1s.

YCL Accounting & Consulting is a multi-state CPA firm serving clients nationwide in English and Chinese, led by co-founder Gloria (Chenchen) Liu, CPA. We work alongside your immigration attorney; we do not provide immigration legal advice or sell EB-5 projects.

FAQ

Q: Does the November 30, 2026 date refer to when USCIS receives my petition?

A: The rule uses the postmark date: any application, petition, or request postmarked on or after November 30, 2026 must include the new fees. Leave a margin and keep proof of the mailing date.

Q: Will the $800,000 minimum investment change in 2027?

A: The law requires an automatic inflation adjustment for petitions filed on or after January 1, 2027, rounded down to the nearest $50,000, with the TEA amount at 75% of the standard amount. As of November 3, 2026, DHS had not published the official figures.

Q: Do I have to report the money my parents gave me for the investment?

A: If you are a U.S. person (citizen, green card holder, or resident under the substantial presence test) and gifts from a nonresident alien exceed $100,000 in a year, you report them on Form 3520 Part IV. The gift is generally not taxable income, but the report is required.

Q: When do I become a U.S. tax resident after getting a conditional green card?

A: Under the IRS green card test, you are a resident if you are a lawful permanent resident at any time in the calendar year. If you do not also meet the substantial presence test, residency starts on the first day you are in the U.S. as a permanent resident, which often makes the first year a dual-status year.

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YCL Accounting & Consulting (YCL Tax, Accounting & Advisory)

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Disclaimer

This article is general tax information, not tax, legal, immigration, or investment advice for any individual, and it does not promise any immigration or tax result or recommend any EB-5 project. Fee figures come from the DHS/USCIS final rule published September 30, 2026 (91 FR 61940, FR Doc. 2026-20016) and the related USCIS alert; investment amounts come from 8 U.S.C. 1153(b)(5)(C); tax rules come from IRS pages on the green card test, dual-status taxpayers, FBAR, Form 8938, and gifts from foreign persons. Immigration filing decisions should be made with a licensed immigration attorney. Check the latest USCIS and IRS guidance and consult a licensed professional.