AI Generated Summary
- The United States has announced a steep increase in application fees under its EB-5 Immigrant Investor Programme, raising the cost of a popular pathway used by foreign investors, including a growing number of Indians, to secure permanent residency.
- The fee for Form I-956F, which relates to approval of an investment in a commercial enterprise, will similarly rise from $17,795 to $42,675.
- For prospective Indian applicants already committing at least $800,000 in investment capital, the changes will add thousands of dollars to the immigration filing expenses associated with securing US permanent residency.
The United States has announced a steep increase in application fees under its EB-5 Immigrant Investor Programme, raising the cost of a popular pathway used by foreign investors, including a growing number of Indians, to secure permanent residency.
The revised fee structure, finalised by the US Citizenship and Immigration Services (USCIS), will take effect from November 30 and substantially increases charges at several stages of the EB-5 process. In some cases, filing costs will more than double.
Under the programme, foreign nationals can become eligible for US permanent residency by investing in qualifying American businesses and meeting prescribed job-creation requirements. Successful applicants can obtain Green Cards for themselves, their spouses and eligible children.
For standalone investors, the fee for filing Form I-526 will increase from $3,675 to $7,615. Investors applying through an approved regional centre will face an even higher charge, with the filing fee for Form I-526E rising from $3,675 to $7,850.
Both initial I-526 and I-526E applications will also carry a new $75 technology fee. Those investing through regional centres will continue to be subject to the programme’s investor integrity fee.
Costs will also rise at a later stage of the immigration process. The fee for Form I-829, through which investors seek to remove conditions attached to their permanent resident status, will increase from $3,750 to $5,000.
Regional centres face steep increase
Some of the largest increases will apply to entities operating within the EB-5 regional-centre framework.
An initial Form I-956 application for designation as a regional centre will cost $44,115, up sharply from the current $17,795. The fee for Form I-956F, which relates to approval of an investment in a commercial enterprise, will similarly rise from $17,795 to $42,675.
One charge, however, is set to decline. The annual fee for Form I-956G will fall from $3,035 to $2,165.
USCIS has also introduced Form I-527 for certain investors seeking to amend older Form I-526 petitions. Filing the new form will cost $10,330.
Explaining the revisions, USCIS said its immigration operations are financed primarily through application and petition fees rather than general tax revenues. These charges, it said, fund the processing of cases as well as background checks, eligibility verification, fraud detection and administration of immigration programmes.
Why EB-5 matters to Indian investors
The EB-5 programme has emerged as an important immigration option for wealthy Indian families and entrepreneurs seeking permanent residency in the United States.
Unlike temporary work visas, EB-5 provides a direct route towards permanent resident status if an applicant fulfils the programme’s investment and employment-generation conditions. However, obtaining a Green Card is not necessarily immediate.
Employment-based immigrant visas are subject to annual numerical limits as well as restrictions affecting applicants from individual countries. With demand from India rising considerably over the past decade, Indian applicants can face longer waits depending on visa availability and the category of their investment.
The programme currently requires an investment of $1.05 million in a qualifying US commercial enterprise. The threshold is lower — $800,000 — when the investment is made in a designated Targeted Employment Area or qualifying infrastructure project.
The investment must also lead to the creation of at least 10 full-time jobs for eligible US workers.
Congress established the EB-5 programme in 1990 with the objective of attracting overseas capital while encouraging employment creation in the United States. Investors who satisfy its requirements can seek permanent residency not only for themselves but also for their spouse and qualifying children.
The latest fee increases do not alter the programme’s underlying investment thresholds, but they significantly raise the administrative cost of pursuing the EB-5 route. For prospective Indian applicants already committing at least $800,000 in investment capital, the changes will add thousands of dollars to the immigration filing expenses associated with securing US permanent residency.
