USCIS increases fees for EB-5 immigrant investor program
The EB-5 Immigrant Investor Program is a category of U.S. visa that enables foreign investors—along with their spouses and unmarried children under the age of 21—to obtain a 'Green Card' (lawful permanent residence) through capital investment and job creation.
LOS ANGELES:-U.S. Citizenship and Immigration Services (USCIS) is set to increase fees for the EB-5 Immigrant Investor Program.
The objective of the fee increase is to recover the full cost of administering the program and to meet statutory goals regarding processing times.
Congress launched the EB-5 program in 1990 to promote U.S. economic growth through job creation and capital investment by immigrant investors; under this program, investors become eligible for legal permanent residence (a Green Card) by investing in the United States and creating American jobs.
Under the new provisions updated by USCIS, the ‘EB-5 Reform and Integrity Act of 2022’ directed the agency to conduct a study on program-specific fees and to set EB-5 fees at a level that recovers the full cost of program operations.
The Act also establishes processing time goals and strengthens program integrity requirements; these include compliance reviews, audits, site visits, and measures designed to help prevent fraud and abuse.
A statement issued by USCIS notes that the costs of maintaining operations—such as reviewing applications, conducting background checks, and verifying eligibility—which are primarily funded by application fees, must be borne by the users of the immigration system.
According to USCIS, the new fees are set to take effect on November 30, 2026.
EB-5 Immigrant Investor Program:
The EB-5 Immigrant Investor Program is a category of U.S. visa that enables foreign investors—along with their spouses and unmarried children under the age of 21—to obtain a ‘Green Card’ (lawful permanent residence) through capital investment and job creation.
Major Requirements:
• Investment Amount: Generally a minimum of US$1,050,000; or US$800,000 when investing in a ‘Targeted Employment Area’ (TEA). Targeted Employment Areas include rural areas, regions with high unemployment rates, or approved infrastructure projects.
• Job Creation: Must create or preserve at least 10 permanent, full-time jobs for qualified U.S. workers within two years.
• Commercial Enterprise: The investment must be made in a U.S. commercial enterprise operated for the purpose of generating profit, which was established or reorganized after November 29, 1990.
Investment Options:
• Direct Investment: Directly investing in a business that you manage or operate; this requires the creation of direct employment for 10 individuals.
• Regional Center Program: Investing through a USCIS-approved regional center; this allows for the creation of both direct and indirect jobs.
Process and Timeline:
• Conditional Residence: Successful applicants are initially granted a 2-year ‘conditional green card.’
• Permanent Residence: Once it is verified that the requirements regarding investment and job creation have been met, the conditions are removed, and a regular green card is obtained.
• Citizenship: After spending five years with permanent resident status, one becomes eligible to apply for U.S. citizenship.
