Costs associated with filing an EB-5 petition typically include the investment amount, administration fee, lawyer fees, and USCIS filing fees for the required applications.
Investment amount
The minimum EB-5 investment amount is $800,000, for investments made in a targeted employment area (either a rural area or a high-unemployment area) or in infrastructure projects. The minimum investment amount in a standard located project requires is $1,050,000.
Administration fees
Typical administration fees are typically around $80,000. This fee is charged to the EB-5 investor by the Issuer of the investment offering for operation and marketing expenses.
Lawyer fees
Hiring an immigration lawyer with substantial EB-5 experience will generally cost between about $15,000 and $25,000. Sometimes the lawyer’s fee will include the filing of all required EB-5 forms (I-526, I-485, I-829), and in other cases the lawyer may charge for each step along the way.
USCIS fees
The filing fee for Form I-526E (immigrant petition by regional center investor) or I-526 (immigrant petition by standalone investor) is $3,675. I-526E petitions filed on or after October 1, 2022, must also include an additional $1,000 fee as required by the EB-5 Reform and Integrity Act of 2022. A separate biometrics services fee of $85 is also required with each I-526E petition.
The Filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status varies, according to the age of the applicant. Under 14 and filing with at least one parent: $750. Under 14 and not filing with at least one parent: $1,140. Ages 14 to 78: $1,140 plus an $85 biometrics fee. Age 79 or older: $1,140.
DS-260 (consular processing) fee for applicants not living in the U.S.: $325.
The filing fee for I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, filing is $3,750. There is an additional $85 biometrics fee is for the petitioner and each derivative family members between the ages 14 and 79.
Total cost
The total cost of making an investment, lawyer fees, and USCIS fees typically start around $900,000 and can vary depending on the investment type, the lawyer, and administration fees associated with a particular investment.
