EB-5 Fees Nearly Double on November 30, 2026: The Postmark Rule and the New I-526E and I-829 Amounts
EB-5 petition fees jump on November 30, 2026, and the postmark on your envelope, not the day USCIS opens it, decides which amount you owe.
Status as of November 1, 2026: scheduled. The EB-5 fee increase takes effect on Monday, November 30, 2026, under a DHS final rule published September 30 (91 FR 61940). Any EB-5 filing postmarked on or after that date must carry the new fees: $7,850 for an initial Form I-526E plus a $1,100 Integrity Fund fee, $7,615 for an I-526 and $5,000 for an I-829. Anything postmarked on or before November 29 pays today's fees: $3,675 for an I-526 or I-526E (plus $1,000 on an initial I-526E) and $3,750 for an I-829. No correction or lawsuit against the rule had been found as of November 1.
This guide is for H-1B workers and their families, often from India, who are looking at EB-5 because the employer-sponsored EB-2 and EB-3 lines are so long. A note on our stake: F1Jobs helps international candidates find employers that sponsor H-1B visas and green cards. We do not sell, recommend or advise on EB-5 investments.
What is the EB-5 fee increase on November 30, 2026?
On November 30, 2026, the EB-5 fee rule (RIN 1615-AC93) takes effect for filings postmarked that day or later. The initial I-526E rises from $3,675 to $7,850, the I-526 from $3,675 to $7,615, and the I-829 from $3,750 to $5,000. The Integrity Fund fee on an initial I-526E rises from $1,000 to $1,100, and a new Form I-527 costs $10,330. It is a final rule, not a proposal (DHS proposed it on October 23, 2025); a correction, a further DHS rule or a court order could still change it, and none had appeared as of November 1, 2026.
Old vs new EB-5 fees, form by form
Current fees come from the USCIS Fee Schedule, Form G-1055 (edition 10/26/26). New fees come from the final rule's regulatory text. The change column is our arithmetic.
EB-5 fees by postmark date, as of November 1, 2026
| Form or fee | Who pays | Postmarked on or before Nov 29, 2026 | Postmarked Nov 30, 2026 or later | Change |
|---|---|---|---|---|
| I-526, standalone investor | Investor | $3,675 | $7,615 (includes $75 technology fee) | +$3,940 (+107%) |
| I-526E, initial filing | Regional center investor | $3,675 | $7,850 (includes $75 technology fee) | +$4,175 (+114%) |
| Integrity Fund fee, initial I-526E | Regional center investor | $1,000 | $1,100 | +$100 (+10%) |
| Initial I-526E, all in | Regional center investor | $4,675 | $8,950 | +$4,275 (+91%) |
| I-526E amendment | Regional center investor | $3,675 (the $1,000 does not apply) | $7,775 | +$4,100 (+112%) |
| I-829, remove conditions | Conditional resident | $3,750 | $5,000 | +$1,250 (+33%) |
| I-527, amendment to a legacy I-526 | Investor who filed before the 2022 Reform Act | No such form | $10,330 | New form |
| Annual regional center Integrity Fund fee (due each October 1) | Regional center, not the investor | $20,000 ($10,000 with 20 or fewer investors) | $22,000 ($11,000) | +10% |
Old rule, new rule, what to do differently
| Item | Postmarked by Nov 29, 2026 | Postmarked Nov 30, 2026 or later | What changes for you |
|---|---|---|---|
| Where the amount is printed | G-1055, edition 10/26/26 | The final rule's regulatory text; G-1055 did not show it as of Nov 1 | Recheck G-1055 on the day you mail |
| Integrity Fund fee, initial I-526E | $1,000, "a separate fee" (G-1055) | $1,100, "in addition to any other fees" (rule) | Budget it on top of the petition fee; amendments do not carry it |
| Technology fee | None | $75 on each I-526 and initial I-526E | Already counted inside the $7,615 and $7,850 totals, per the rule text |
| Amending a pre-2022 I-526 after a regional center is terminated or a business is debarred | No dedicated form | Form I-527, $10,330 | Ask your attorney whether I-527 fits your petition |
Dependents can multiply the I-829 cost. The rule revises 8 CFR 216.6 so that a spouse or child who is not included on the investor's I-829 "must each file their own petition", unless the investor has died. DHS's cost analysis expects a few such separate dependent filings, and each petition carries its own fee (our reading).
Why does the increase look so large?
Because today's fees are older than they look. DHS's 2024 fee rule had raised EB-5 fees, but on November 12, 2025 a federal court in Colorado stayed those EB-5 fees in Moody v. Noem, No. 24-cv-00762-CNS. In its alert on the court order (November 18, 2025), USCIS said the court found the 2022 Act "precluded DHS from adjusting EB-5 program fees" in that rule, and went back to the fees in effect until March 31, 2024.
The stayed 2024 amounts were higher than the new ones: the alert lists $11,160 for an I-526 or I-526E and $9,525 for an I-829. Against those, the November 30 fees are lower. Against what USCIS collects today, the petition fees roughly double.
DHS's own estimate in the rule: about 16,600 EB-5 filings a year, with form fees rising "by about 70.7 percent, or by about $2,945.90" on a weighted average. "Nearly double" fits the I-526 and I-526E, not the I-829.
Common misconception: "The fee in 8 CFR 106.2 is what USCIS charges today."
Correction: It is not. The rule's own footnote warns that "the EB-5 fees in 8 CFR 106.2 do not reflect the current fees USCIS collects," because that text still shows the stayed 2024 amounts. Until November 30, G-1055 governs.
Does the postmark date or the receipt date count?
The postmark date counts, not the day USCIS receives or opens the package. The rule's DATES section reads: "This final rule is effective November 30, 2026. Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule."
The calendar around the cutoff is awkward:
| Date (2026) | Day | What it means for the fee |
|---|---|---|
| November 26 | Thursday | Thanksgiving, a federal holiday |
| November 27 | Friday | Postmark still qualifies for the current fee |
| November 28 | Saturday | Postmark still qualifies; check your local post office's hours |
| November 29 | Sunday | Last calendar day a postmark can carry the current fee |
| November 30 | Monday | New fees apply to anything postmarked that day or later |
A Sunday cutoff does not roll to Monday. Under PA-2026-15 (in effect since October 23, 2026), a paper deadline counted in days that ends on a weekend or holiday is met by the next business day. November 30 is not a counted deadline but the date the rule takes effect, so a November 30 postmark pays the new fees (our reading of how the two fit together).
The rule does not say how a private courier's date is treated. The USCIS pages for Form I-526E, Form I-526 and Form I-829 list mailing addresses and mention no online option. If your timing depends on a courier, ask your attorney before you ship.
The wrong amount means rejection, not a bill. G-1055 states: "If the fee is incorrect, the application, petition, or request will be rejected." At the last EB-5 fee switch, the November 18, 2025 alert said USCIS would reject filings postmarked after November 26, 2025 that carried the superseded fee, even though it was the higher one. This rule's text sets no grace window at all. A rejected package comes back, and the refiling pays whatever fee matches its new postmark.
If you have decided to file before November 30, how does it work?
This describes the process. It is not a recommendation to file by any date; that call belongs to you and your immigration attorney.
- Confirm the fee on the USCIS Fee Schedule (Form G-1055) the day you mail, and search the Federal Register for any correction to 91 FR 61940.
- Check the form edition on the USCIS I-526E, I-526 or I-829 page. On November 1, 2026 each listed the 01/20/25 edition and carried no alert about the new rule.
- Prepare a separate payment for each form with Form G-1450 (card) or Form G-1650 (ACH debit). The I-526E page warns that one combined payment for the I-526E and forms filed with it (I-485, I-131, I-765) gets the forms rejected.
- Include the Integrity Fund fee with an initial I-526E, on top of the petition fee: $1,000 if postmarked by November 29, $1,100 from November 30. Follow the current G-1055 and form instructions on how to pay it.
- Mail the package to the address on the USCIS Direct Filing Addresses page linked from the form page, and keep proof of the mailing date.
- Track the I-797C receipt notice. If USCIS rejects the package, refile at the fee that matches the new postmark.
A rushed filing has its own price: since August 5, 2026, USCIS officers may deny a benefit request without first sending an RFE or NOID when required initial evidence is missing (PA-2026-05, in effect and challenged in AAUP v. Mullin).
Can you file an I-829 early to beat the increase?
Only if your filing window is already open. The USCIS I-829 page says you "must file Form I-829 during the 90-day period immediately before your conditional residence expires" and warns, "If you file your petition before that date, we may reject it." The expiration date on your conditional green card marks the end of that window, and the page links to a "When to File Your Petition to Remove Conditions" page for finding its first day.
Three cards, worked through (our arithmetic, not advice on when to file):
- Card expires February 15, 2027. The 90-day window opens around November 17, 2026, so it is already open before the fee changes on November 30.
- Card expires February 27, 2027. The window opens around November 29, the last day of the current fee. The I-829 page does not say whether the window is judged by postmark or by the day USCIS receives the package, while the fee turns on the postmark. A case this tight belongs with your attorney.
- Card expires March 31, 2027. The window opens around December 31, 2026, after the change. This filer pays $5,000, and filing before the window opens risks rejection.
What the November 30 rule does not change
- The investment amounts. The rule's background restates the statutory minimums: at least $1,050,000, or $800,000 in a targeted employment area or infrastructure project, in a US business that creates at least 10 full-time jobs. The rule sets filing fees, not those thresholds. The statute itself, at 8 U.S.C. 1153(b)(5)(C)(iii), says the amounts "shall automatically adjust" for inflation beginning January 1, 2027, for petitions filed on or after each adjustment. Check USCIS for any adjusted figure before relying on either number.
- Your place in line. Fees do not move the Visa Bulletin. Our guide to the EB-5 priority date for India explains the reserved and unreserved rows.
- The other forms in an adjustment filing. If an investor already in the US files Form I-485 with the I-526E, G-1055 still governs those fees: $1,440 for an I-485 on paper, $260 for an I-765 with a fee-paid I-485 filed on or after April 1, 2024, and $630 for advance parole on Form I-131. G-1055 also lists a $1,050 parole fee that is charged only on approval, and one of its exceptions is a lawful adjustment applicant "returning to the United States after temporary travel abroad". Our guide to the true cost of adjustment of status covers medical exams, translations and waiting.
- The discretion standard. USCIS's memo PM-602-0199 (May 21, 2026; in effect, challenged) calls adjustment "a matter of discretion and administrative grace." It names no visa class, so we read it as reaching EB-5 adjustment applicants too.
Is EB-5 an option for H-1B holders stuck in the EB-2 backlog?
It is a separate line with its own row and its own priority date, so a long EB-2 India wait does not carry into it. Whether it makes sense depends on money you can document and put at risk, not on your job, which makes it a question for an immigration attorney and a financial adviser.
India cutoffs, November 2026 Visa Bulletin (released October 22, 2026)
| Category | Final Action Date | Dates for Filing |
|---|---|---|
| EB-2 India | 2013-11-01 | 2015-01-15 |
| EB-3 India | 2014-01-22 | 2015-01-15 |
| EB-5 unreserved India | 2023-12-01 | 2024-05-01 |
| EB-5 set-asides (rural, high unemployment, infrastructure) | Current | Current |
USCIS requires the Dates for Filing chart for November 2026 I-485s, as its filing charts page shows. Consular cases always use Final Action Dates. The December bulletin had not been published as of November 1, and trackers expect it around mid-November; check the State Department Visa Bulletin rather than any forecast. For the employer-sponsored side, see the November 2026 Visa Bulletin explained and whether EB-2 or EB-3 is faster for you.
What an H-1B reader should understand before that consultation:
- Your I-140 priority date does not transfer. An EB-5 priority date is set by the filing of your own I-526 or I-526E.
- A concurrent I-485 depends on the chart. The I-526E instructions say you may file to adjust status "concurrently with or subsequent to" the petition "if approval of your Form I-526E petition would make an immigrant visa immediately available to you." Which row and chart apply to you is for your attorney.
- H-1B and F-1 treat immigrant intent differently. H-1B is dual intent; F-1 is not. Our comparison of dual intent visas explains why a family member on F-1 or OPT should talk to their DSO and an attorney before being named on any immigrant petition.
- Children's ages matter. A derivative child has to stay under 21 in the legal sense; see our guide to CSPA age calculation.
- The fee is the smallest number in the file. The increase adds about $4,275 to an initial regional-center filing (our arithmetic). The investment, the source-of-funds record and the project's risk are the decisions that matter, and whether to keep an employer-sponsored case moving alongside is a strategy question for your attorney.
Common mistakes
- Going by arrival date. A package postmarked November 27 that arrives December 2 is judged against the pre-November 30 fees.
- Assuming the Sunday cutoff rolls to Monday. A November 30 postmark pays the new fees.
- Leaving out the Integrity Fund fee on an initial I-526E.
- Treating an overpayment as a safe hedge. An incorrect fee means rejection, and in November 2025 USCIS said it would reject EB-5 filings sent with the superseded, higher fee.
- Combining payments for the I-526E and the forms filed with it.
- Filing an I-829 before the 90-day window opens. USCIS may reject it, and the refiling then pays the new fee.
- Paying by check without a G-1651 exemption. Mailed USCIS fees go by card (G-1450) or ACH debit (G-1650).
Frequently asked questions
When do the new EB-5 fees take effect?
On Monday, November 30, 2026. The DHS final rule published September 30, 2026 (91 FR 61940) says any EB-5 application, petition or request postmarked on or after that date must include the new fees, so anything postmarked on or before November 29 pays the current fees. As of November 1, 2026 the rule is scheduled, and no correction or lawsuit against it had been found.
How much is the I-526E fee after November 30, 2026?
An initial Form I-526E costs $7,850, which includes a $75 technology fee, plus a separate $1,100 EB-5 Integrity Fund fee, for $8,950 in total by our arithmetic. An I-526E amendment costs $7,775. The same initial filing postmarked before November 30, 2026 costs $3,675 plus $1,000.
Does the postmark date or the receipt date count for the EB-5 fee change?
The postmark date. The final rule ties the new fees to filings postmarked on or after November 30, 2026, not to the day USCIS receives them. November 29 is a Sunday and the cutoff does not roll to Monday, and November 26 is Thanksgiving, so the last week has few mailing days. The rule does not say how a private courier's date is treated; ask your attorney.
Is EB-5 an option for H-1B holders stuck in the EB-2 backlog?
It is a separate green card line with its own Visa Bulletin row. In the November 2026 bulletin the EB-5 unreserved Final Action Date for India is 2023-12-01 and the set-aside categories are Current, while EB-2 India sits at 2013-11-01. EB-5 requires a qualifying at-risk investment with a documented lawful source of funds, and your I-140 priority date does not carry over, so whether it fits is a question for an immigration attorney and a financial adviser.
What is the EB-5 priority date for India right now?
In the November 2026 Visa Bulletin, EB-5 unreserved India has a Final Action Date of 2023-12-01 and a Dates for Filing date of 2024-05-01, and the rural, high-unemployment and infrastructure set-asides are Current. USCIS requires the Dates for Filing chart for November 2026 I-485s, and consular cases always use Final Action Dates. The December 2026 bulletin had not been published as of November 1.
Sources
- Federal Register, U.S. Citizenship and Immigration Services EB-5 Fee Rule, 91 FR 61940 (final rule, September 30, 2026; effective November 30, 2026)
- USCIS, Fee Schedule, Form G-1055 (edition 10/26/26)
- USCIS, Form I-526E, Form I-526 and Form I-829 pages
- USCIS, Court Order on Partial Stay of DHS 2024 USCIS Fee Rule (November 18, 2025)
- USCIS, Policy Alert PA-2026-05, PA-2026-15 and PM-602-0199
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin
- U.S. Department of State, Visa Bulletin
- 8 U.S.C. 1153(b)(5), via Cornell Legal Information Institute
- Fragomen, November 2026 Visa Bulletin summary (EB-5 rows)
How we checked this: on November 1, 2026 we read the final rule's text (91 FR 61940), G-1055 (edition 10/26/26), the I-526, I-526E and I-829 pages and the I-526E instructions, the USCIS court-order alert and the statute. The November 2026 Visa Bulletin values come from the State Department bulletin as summarized consistently by several immigration law firms, including Fragomen.
This is general information, not legal, tax or investment advice. Your own receipt notices and green card govern over anything published here, and an EB-5 decision belongs with a licensed immigration attorney (and your DSO for anything touching F-1 or OPT status).
If you are on OPT, STEM OPT or H-1B and want the employer-sponsored path to keep moving while your family weighs its options, F1Jobs helps international candidates run a focused search for employers that sponsor.
Frequently asked questions
When do the new EB-5 fees take effect
On Monday, November 30, 2026. The DHS final rule published September 30, 2026 (91 FR 61940) says any EB-5 application, petition or request postmarked on or after that date must include the new fees, so anything postmarked on or before November 29 pays the current fees. As of November 1, 2026 the rule is scheduled, and no correction or lawsuit against it had been found.
How much is the I-526E fee after November 30, 2026
An initial Form I-526E costs $7,850, which includes a $75 technology fee, plus a separate $1,100 EB-5 Integrity Fund fee, for $8,950 in total by our arithmetic. An I-526E amendment costs $7,775. The same initial filing postmarked before November 30, 2026 costs $3,675 plus $1,000.
Does the postmark date or the receipt date count for the EB-5 fee change
The postmark date. The final rule ties the new fees to filings postmarked on or after November 30, 2026, not to the day USCIS receives them. November 29 is a Sunday and the cutoff does not roll to Monday, and November 26 is Thanksgiving, so the last week has few mailing days. The rule does not say how a private courier's date is treated; ask your attorney.
Is EB-5 an option for H-1B holders stuck in the EB-2 backlog
It is a separate green card line with its own Visa Bulletin row. In the November 2026 bulletin the EB-5 unreserved Final Action Date for India is 2023-12-01 and the set-aside categories are Current, while EB-2 India sits at 2013-11-01. EB-5 requires a qualifying at-risk investment with a documented lawful source of funds, and your I-140 priority date does not carry over, so whether it fits is a question for an immigration attorney and a financial adviser.
What is the EB-5 priority date for India right now
In the November 2026 Visa Bulletin, EB-5 unreserved India has a Final Action Date of 2023-12-01 and a Dates for Filing date of 2024-05-01, and the rural, high-unemployment and infrastructure set-asides are Current. USCIS requires the Dates for Filing chart for November 2026 I-485s, and consular cases always use Final Action Dates. The December 2026 bulletin had not been published as of November 1.