Understanding EB-5 Investment Minimums and Fee Changes for 2027

The EB-5 Immigrant Investor Program is set to undergo significant changes regarding investment minimums and filing fees, particularly affecting those looking to invest in the United States. As of November 2026, USCIS has not yet announced the exact minimum investment amounts that will take effect on January 1, 2027. However, the EB-5 Reform and Integrity Act of 2022 has established a framework for these adjustments, primarily driven by inflation. This means that prospective investors need to be aware of both the upcoming investment threshold changes and the immediate fee increases that apply to petitions postmarked from November 30, 2026.

How EB-5 Investment Minimums Will Adjust in 2027

The EB-5 Reform and Integrity Act of 2022 mandates that the minimum investment amounts be adjusted every five years, starting in 2027. This adjustment is based on inflation, specifically using the cumulative annual percentage change in the unadjusted All Items Consumer Price Index for Urban Consumers (CPI-U) for the U.S. City Average. The calculated standard minimum investment amount will then be rounded down to the nearest $50,000.

Currently, the standard EB-5 investment minimum is $1,050,000. For investments made in Targeted Employment Areas (TEAs) or infrastructure projects, the minimum is $800,000. While these are the current figures, they are expected to rise in 2027 due to inflation. The exact new amounts have not been published by the government, but industry projections suggest the standard minimum could be between $1.2 million and $1.25 million, with the TEA minimum potentially ranging from $900,000 to $937,500. It is crucial to rely on official government announcements rather than projections for the definitive figures.

Calculating the Reduced Investment Amount

The reduced investment amount for TEAs or infrastructure projects is calculated as 75% of the adjusted standard threshold. This figure is then rounded down. This rounding process means that the final reduced amount may not be precisely three-quarters of the adjusted standard minimum after rounding. For example, if the adjusted standard minimum were $1,200,000, 75% of that would be $900,000. However, if the adjusted standard minimum were $1,250,000, 75% of that would be $937,500. The final rounded-down figure will be officially published by USCIS.

The Importance of the Petition Filing Date

The date an investor files their petition with USCIS is critical in determining which investment minimum applies. Petitions filed before the January 1, 2027 adjustment date will be subject to the current minimum investment amounts. Conversely, any petition postmarked on or after January 1, 2027, will need to meet the new, inflation-adjusted minimums. This applies to both standalone investors filing Form I-526 and regional-center investors filing Form I-526E.

It is important for investors to understand that the investment threshold is only one component of the EB-5 application. All applicants must also fulfill the program’s job-creation requirement, which mandates the creation of at least 10 permanent full-time jobs for qualified U.S. workers. Simply meeting the investment minimum does not guarantee approval of the EB-5 petition.

Upcoming Changes to EB-5 Filing Fees

In addition to the investment minimums, USCIS is also adjusting its filing fees. These new fees will take effect for petitions postmarked on or after November 30, 2026, which is before the investment minimums change on January 1, 2027. This means investors who file close to the end of 2026 will need to budget for both the current investment minimums and the new, higher filing fees.

The Department of Homeland Security published a final rule on September 30, 2026, detailing these fee increases. For instance, the initial filing fee for Form I-526E, used by regional-center investors, will increase to $7,850, up from $3,675. The fee for Form I-526, for standalone investors, will be $7,615. Other fees, such as those for Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) and the I-526E Integrity Fund fee, are also increasing.

Understanding Additional Fees

It is important to distinguish between USCIS filing fees and other costs associated with the EB-5 program. Regional centers may charge administrative fees, which are separate from government petition fees and are not fixed by USCIS. Additionally, the I-526E Integrity Fund fee is a separate charge from the main petition filing fee. Investors should confirm all applicable fees before submitting their applications.

Preparing for the 2027 EB-5 Changes

Given the upcoming adjustments to both investment minimums and filing fees, prospective EB-5 investors should take proactive steps to prepare their applications. This includes carefully tracking official announcements from USCIS and the Federal Register for the finalized 2027 investment amounts. Investors should also ensure they have thoroughly documented the lawful source and path of their invested capital, as well as the funds used to pay application fees.

If planning to file near the end of 2026, it is essential to account for the November 30, 2026 postmark date for the new fee schedule. Assembling all necessary documentation, including translations and arranging fund transfers, should be done well in advance to meet deadlines. Confirming the exact form-specific fees, including any separate charges like the Integrity Fund fee, is also a crucial step. By staying informed and organized, investors can navigate these upcoming changes more effectively.

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