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Tick Tock USCIS EB5 Filing Fees Increase April 1, 2024

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The clock is ticking. 7 weeks to go before the increase. Enough time to prepare your EB-5 application and beat the increase.

Standalone Investor/I-526E, Immigrant Petition by Regional Center Investor: increasing to $11,160. The current fee is $3,675. An Increase of 200%.

USCIS EB5 Fees Increase Starting April 1, 2024

On Wednesday, January 31, 2024, U.S. Citizenship & Immigration Services (USCIS) published a final rule that increases the fees for many EB-5-related forms. The new fee structure will take effect starting April 1, 2024. A press release from USCIS can be read here. Just over a year ago in January 2023, USCIS published its notice of proposed rule making (NPRM) which reflected its anticipation to increase fees. Although EB-5 is not the only immigration category to see fee increases, it is seeing the highest percentage of increase per form.

Industry actors including IIUSA have labelled the fee increases as extreme and unfounded. Moreover, USCIS has implemented increased fees without a fee study for these increases describing how such fee increases will improve visa processing, which is required by statute in the EB-5 Reform and Integrity Act of 2022.

Nevertheless, USCIS fees increases are on the horizon. The final fee rules have remained exactly as they were proposed in the NPRM. A chart is below to visualize the current fees, the increased fees, and the percentage of that increase.

USCIS give their reasons for the increase as to “re-establish and maintain timely USCIS service levels”.

Donoso & Partners is working with our clients to submit new I-526E petitions prior to April 1, 2024 to avoid increased USCIS filing fees.

Is there sufficient time to file a petition before the increase?

Yes. But it’s important to prepare well and forward your Source of Funds information to the lawyers in a timely fashion.

Due Diligence is also important. At Residency Invest, can help you choose a project, an EB-5 lawyer and assist you with due diligence.

 

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