EB-5 deadlines
EB-5 Is About to Cost More: The November 30, 2026 and January 1, 2027 Deadlines
Two dates sit a month apart. The first doubles the main filing fee. The second raises the investment itself. If you are weighing EB-5, the calendar now matters as much as the project.
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Deadline one: November 30, 2026
USCIS published a final EB-5 fee rule on September 30, 2026. Any petition postmarked on or after November 30 must carry the new fees, and USCIS rejects filings sent with the wrong amount.
| Form | Current fee | New fee |
|---|---|---|
| I-526E, regional center investor | $3,675 | $7,850 |
| I-526, direct investor | $3,675 | $7,615 |
| Integrity Fund fee, with I-526E | $1,000 | $1,100 |
| I-829, removal of conditions | $3,750 | $5,000 |
What counts is the postmark on a complete filing, not the date you invested and not the date USCIS opens the envelope.
Deadline two: January 1, 2027
The 2022 EB-5 Reform and Integrity Act set today’s minimums of¬†$800,000 and¬†$1,050,000 and ordered an automatic inflation adjustment every five years, starting January 1, 2027. The standard amount is indexed to consumer prices since 2022, and the reduced amount for targeted areas is set at 75 percent of it.
USCIS has not published the official figures. Industry estimates put the new minimums near $900,000 for targeted employment areas and around $1.2 million for other projects. An investor who files before January 1 keeps the current amount.
Filing “before the deadline” means a complete petition
A rushed file with gaps in the source of funds can be rejected or denied, and a refiled petition falls under the new numbers. Tracing funds, translating records and moving capital out of France commonly takes several weeks. Start with the documents, then the transfer.
What you need ready to file in time
- A selected project with its offering documents reviewed
- Source-of-funds evidence for the full investment and the fees
- Proof of the path of funds, bank to bank, into the project account
- Civil documents and translations for each family member
- Signed forms and the correct fee for the postmark date
Want to know if a December filing is realistic for you? We can tell you in one call.$50 for 30 minutes
Book for $50What already changed on September 30, 2026
Regional center petitions filed on or before September 30, 2026 are protected by law if Congress ever lets the program lapse. That window has closed. Petitions filed now are still accepted and processed, because the program is authorized through September 30, 2027, but they do not carry that statutory protection. Direct EB-5 investments are not tied to the program’s sunset.
Should you wait instead?
Waiting has a known cost: a higher fee from November 30 and roughly $100,000 more capital from January 1 if projections hold. The possible upside of waiting is clarity on reauthorization. Which matters more depends on your nationality, your funds and how settled your plans are.
Questions clients ask us
When do the new EB-5 fees start?
They apply to filings postmarked on or after November 30, 2026. A petition postmarked on November 29 or earlier pays the current fee.
How much will the EB-5 investment be in 2027?
The official amounts are not yet published. Projections based on inflation suggest about $900,000 for targeted employment areas and about $1.2 million for standard projects.
If I file in December 2026, which investment amount applies?
The current $800,000 or $1,050,000, as long as the petition is properly filed before January 1, 2027. You would pay the new filing fee.
Does my later I-829 keep the old fee?
No. Each form pays the fee in force on the day it is filed.
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