In a significant development for foreign investors, particularly from India, the United States Citizenship and Immigration Services (USCIS) has proposed substantial fee reductions for the popular EB-5 investor visa program. This move comes amid ongoing litigation from investor groups and could dramatically lower the cost of obtaining US permanent residency through investment.
Major Fee Cuts Proposed
The USCIS has unveiled a new fee structure that would slash costs across multiple categories of the EB-5 program. The most dramatic reduction affects regional center designation fees, which would see a staggering 60% decrease – dropping from the current $17,795 to just $7,295. This represents one of the most significant cost reductions in the program's history.
Comprehensive Fee Reductions
Beyond the regional center cuts, the proposal includes:
- 20% reduction in I-526 petition fees (from $3,675 to $2,950)
- I-829 petition fees maintained at current levels ($3,835)
- New project approval fees set at $10,535
- Regional center annual statement fees established at $4,465
Legal Pressure Forces Change
This fee restructuring comes as a direct response to litigation filed by EB-5 investors who challenged the previous fee hikes implemented in 2022. The investors argued that the increased costs were unjustified and created unnecessary barriers to the program. The USCIS decision to propose these reductions suggests the agency is responding to market pressures and legal challenges.
Impact on Indian Investors
For Indian nationals, who represent one of the largest groups of EB-5 applicants, these fee reductions could make the American dream more accessible. The lower costs may encourage more Indian families to consider the investment-based immigration route, especially given the lengthy wait times for other employment-based green card categories.
Program Modernization Continues
The EB-5 program has undergone significant reforms in recent years, including the introduction of set-aside visas for rural areas, high-unemployment regions, and infrastructure projects. These categories often have shorter wait times, making them particularly attractive to Indian investors looking for faster pathways to US residency.
The proposed fee structure is currently open for public comment until August 28, 2024, giving stakeholders and potential investors an opportunity to provide feedback before final implementation. Immigration experts suggest this could mark a new era of accessibility for the EB-5 program, potentially revitalizing interest from qualified investors worldwide.
