Costs associated with filing an EB-5 petition typically include the investment amount, administration fee, lawyer fee, and USCIS filing fees. Here’s a break-down of the costs.
The minimum investment amount is $500,000, which is only available for investments made into a project located in a Targeted Employment Area (TEA). The minimum investment amount in a standard (non-TEA) located project requires is $1 million.
Typical administration fees are typically around $50,000. This fee is charged to the EB-5 investor by the Issuer of the investment offering for operation and marketing expenses.
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.
- I-526 filing fee: $3,675. This is the initial investor petition.
- I-485 filing ||abc|| biometric fees: $1,225 for applicants aged 14-78; $750 for applicants under 14 years old; and $1140 for applicants 79 years or older. This form is used to adjust status for applicants living in the U.S. who have an approved I-526 filing.
- DS-260 (consular processing) fee: $325. This form is for applicants with an approved I-526 filing living outside the U.S. The DS-260 replaces the need for the I-485 filing and associated fee.
- I-829 filing fee: $3,750. Additionally an $85 biometrics fee is charged for the petitioner and each derivative family members between the ages 14 and 79. The I-829 form is filed to show proof of appropriate job creation and remove conditions on permanent residency.
With each EB-5 investment required to be “at risk” for a chance for loss or gain, there are several financial outcomes possible for every investment: a full return of capital, a partial return and partial loss of capital, a full loss of capital, and a full return of capital with a return on the investment. Expert due diligence offers and investor the best chance for a positive financial outcome.