DHS Issues Proposal to Revamp EB-5 Fees and Codify Integrity Act Measures - VisaHQ
Key Takeaways
- DHS has issued a proposed rule to revamp EB-5 program fees and formally codify the EB-5 Reform and Integrity Act of 2022.
- The plan would recalibrate fees tied to investor petitions and regional center compliance, including the Form I‑526E, I‑829, and the I‑956 series.
- It has been reported that the proposal would memorialize integrity measures on audits, site visits, promoter oversight, and fund administration in federal regulations.
- A public comment period will follow Federal Register publication, giving investors and regional centers a chance to weigh in.
- Applicants may face higher upfront costs; regional centers should prepare for expanded compliance obligations.
What DHS proposed
The Department of Homeland Security (DHS) has released a Notice of Proposed Rulemaking (NPRM) aimed at overhauling fees and hardwiring integrity provisions in the EB‑5 immigrant investor program. EB‑5 allows qualifying investors (typically $800,000 in targeted employment areas or $1,050,000 elsewhere) to seek permanent residence based on job-creating investment. The rule would align agency regulations with the EB‑5 Reform and Integrity Act of 2022 (RIA), which Congress enacted to tighten oversight of regional centers—entities that pool EB‑5 capital—and protect investors. It has been reported that DHS intends to move statutory and policy directives into clear, enforceable regulations.
Fee changes and compliance impact
USCIS (U.S. Citizenship and Immigration Services) already reset many EB‑5 fees in 2024; this new proposal would further “right-size” charges to reflect the true cost of adjudications and program oversight. Expect notable impacts on filings such as Form I‑526E (regional center investor petition), Form I‑829 (to remove conditions on permanent residence), and the Form I‑956 suite used by regional centers and project sponsors (applications, project approvals, annual statements, and disclosures). DHS also appears poised to formalize ongoing integrity costs, such as the Integrity Fund contributions mandated by the RIA, and to clarify how and when fees are assessed across the EB‑5 lifecycle. For stakeholders, that likely means higher upfront and maintenance costs and a premium on meticulous documentation.
Codifying Integrity Act measures—and what it means now
Beyond fees, the NPRM would codify key RIA safeguards: background checks for owners and operators, third‑party promoter registration and disclosure, use of independent fund administrators or audited financials, project‑level transparency, audits and site visits, and clear suspension/termination authorities for noncompliance. For investors, stronger guardrails can reduce fraud risk and improve visibility into where funds go, but they may also lengthen preparation times and increase vendor costs. For regional centers and developers, the proposal signals more predictable—but more intensive—compliance, with potential penalties for lapses. Processing times at USCIS remain lengthy in many EB‑5 categories; timing a filing before any fee increase takes effect could matter, while ensuring projects and marketing partners meet the proposed standards will be essential.
What applicants and regional centers should do
- Monitor the Federal Register for the official text and comment deadline; consider submitting targeted feedback on fee levels and operational burdens.
- Investors considering EB‑5 should consult counsel on whether to file before any fee hike becomes effective and to verify that projects adhere to the RIA’s integrity requirements.
- Regional centers should budget for increased fees, review promoter agreements and disclosures, and prepare for audits, site visits, and expanded reporting.
Source: Original Article