English
Vietnamese| Area | Details |
|---|---|
| Education | JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training | Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice | Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the worlds largest international law firms |
| Immigration Track Record | 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition | Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018-2023) |
| Professional Engagements | Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
Full Breakdown of EB-5 Government and Professional Expenses
Fee Status (January 2026): Fees shown reflect what USCIS is accepting as of January 15, 2026. Ranges reflect pending litigation (Moody v. Noem) and proposed rulemaking. Always verify fees immediately before filing.
Table of Contents
- ► Quick Snapshot of EB-5 Visa Costs
- ► Fee Calculator by Family Size
- ► Government & Filing Fees (2026)
- ► USCIS Filing Fees for Adjustment of Status
- ► Other Typical EB-5 Costs
- ► Costs of RFEs and NOIDs
- ► If USCIS Rejects for Wrong Fee
- ► Regulatory Authority
- ► Direct vs. Regional Center Costs
- ► Frequently Asked Questions (2026 Edition)
Wharton1 Executive Summary: What is the EB-5 Visa? 
The EB-5 Immigrant Investor Program allows eligible investors to obtain U.S. permanent residency through a qualifying job-creating investment. Understanding the full EB-5 visa cost 2026—including the I-526E filing fee, EB-5 Integrity Fund fee, I-829 fee, and I-485 + EAD/AP fees for adjustment of status—is essential for compliance and financial planning.Our team of Wharton MBAs are available to assist clients with proper cost analysis. This is especially useful in Direct EB-5 cases where cost and other modeling is complex. This guide provides a complete EB-5 investment cost breakdown, summarizes the official 2026 government filing fees, outlines typical investment and legal costs, and links to the relevant U.S. regulations.
1 Wharton and the University of Pennsylvania do not endorse this website. D&A EB5 business team members hold advanced degrees from the University of Pennsylvania's Wharton School of business.
Quick Snapshot of EB-5 Visa Costs (2026)
| CATEGORY | TYPE | ESTIMATED COST (Regional Center Cases) | ESTIMATED COST (Direct Cases) | NOTES |
|---|---|---|---|---|
| Investment Capital | Returnable Investment | $800,000 - $1,050,000 | $800,000 - $1,050,000 | Depends on TEA vs. Non-TEA location. |
| USCIS Filing Fees | Non-Returnable Fee | $4,675 - $21,770+* | $3,675 - $20,770+* | Includes I-526/I-526E (per investor). |
| EB-5 Immigration Lawyer | Non-Returnable Fee | $20,000+ | $30,000+ | Higher range typically for Direct Cases. |
| Regional Center Fee | Non-Returnable Fee | $0 - $80,000 | $0 | Varies by project. |
| Consular & Visa Issuance | Non-Returnable Fee | $345 - $1,440 | $345 - $1,440 | Per person (Consular processing vs. AOS). |
| USCIS Immigrant Visa Fee | Non-Returnable Fee | $235 | $235 | Per person for each immigrant visa issued. |
| Corporate, Business Plan, Economic Study and Additional Immigration Legal Fees | Non-Returnable Fee | Included in RC Fee | $50,000+ | Not payable in Regional Center Cases. |
| Removal of Conditions (I-829) | Non-Returnable Fee | $3,750 - $9,525 + $85 biometrics | $3,750 - $9,525 + $85 biometrics | |
| Medical Examination | Non-Returnable Fee | $100 - $250 per person | $100 - $250 per person | Required for each family member. |
| Photos, Courier, Printing & Submission Logistics | Non-Returnable Fee | $1,000 per application | $1,000 per application | Per I-526/I-526E and I-829 filing. |
| Money Movement Charges | Non-Returnable Fee | Varies | Varies | Wire transfer, currency conversion fees. |
| Independent Project Financial Review | Non-Returnable Fee | $5,000+ | N/A | Optional but recommended for RC projects. |
| Commissioned Broker | Non-Returnable Fee | $40,000+ | N/A | If using a migration agent/broker. |
EB-5 Fee Calculator
Use this calculator to estimate your total EB-5 costs based on your family size and case type.Nationality of Primary Investor:
Do you have a Spouse?
Number of Dependent Children:
Case Type:
Processing Location:
Estimated EB-5 Costs Breakdown
| Fee Description | Low Estimate | High Estimate |
|---|
USCIS Filing Fees and 2026 Forms Guide (Form I-526E, I-526, I-485, DS-260)
EB-5 costs include both the required investment and a separate set of government filing fees. These fees are paid to USCIS and, where applicable, the Department of State. They are distinct from attorney fees, regional center administrative fees, and third-party documentation costs.The exact filing fee stack depends on two things:
- Whether you are filing through a Regional Center project or a Direct EB-5 investment.
- Whether you will complete the green card process inside the United States through Adjustment of Status or outside the United States through consular processing.
Typical Government Filings in an EB-5 Case
| STAGE OF CASE | FORM | WHO FILES | WHEN IT APPLIES | PRACTICAL NOTE |
|---|---|---|---|---|
| EB-5 immigrant petition, Regional Center | I-526E | Investor | Regional Center EB-5 only | This is the core EB-5 petition used for Regional Center investments |
| EB-5 immigrant petition, Direct | I-526 | Investor | Direct EB-5 only | Direct cases must prove qualifying direct job creation through payroll and business records |
| Green card filing inside the US | I-485 | Each applicant | If you are eligible to adjust status in the United States | Fees typically apply per person, including spouse and children |
| Immigrant visa processing outside the US | DS-260 | Each applicant | If you will process at a US consulate abroad | A different fee stack applies through the National Visa Center and consular processing |
| Biometrics | Included with I-485 in most cases | Each applicant | Adjustment of Status | Fingerprinting and photo collection are part of the AOS workflow |
| EB-5 Integrity Fund | Required for most new EB-5 petitions | Investor | New EB-5 petitions | A separate statutory fee under the EB-5 Reform and Integrity Act |
Consular Processing Costs vs. Adjustment of Status Costs
There are two ways to file an EB-5 case:(1) Consular processing from outside the US; and (2) Adjustment of Status from inside the US
Consular processing: Outside the U.S:
Document Fees
Upon I-526 approval and a visa becoming "current" the file will be sent to the National Visa Center (NVC). After payment of the Immigrant Visa fee, NVC will request, costs for these documents vary by country of origin:- Birth certificates
- Marriage certificates
- Police clearance certificate
Rapid Processing Tip!
If you are using consular processing request your police clearance certificate(s) (PCC) when your I-526/I-526E is approved. You will need a PCC for every country you have lived in since the age of 16. Costs vary by country.
Consular processing Applicants will then be invited to complete immigrant-visa processing at the appropriate U.S. consulate (e.g., Mumbai for India) and obtain a medical examination.If you are using consular processing request your police clearance certificate(s) (PCC) when your I-526/I-526E is approved. You will need a PCC for every country you have lived in since the age of 16. Costs vary by country.
Different physicians charge different fees.
Inside the U.S: Concurrent Processing
Adjustment of Status (AOS) Investors may file Form I-485 for Adjustment of Status "concurrently" (together with for I-526) so long as the investor's country of birth shows a current (C) in the State Department's monthly visa bulletin. This has the advantage that applicants who are not from a "retrogressed" country are able to simultaneously apply for a travel permit and work permit.The costs and fees for filing Form I-485 vs. a visa application for consular processing are different. For details read our EB-5 visa costs guide.
Government & Filing Fees for the EB-5 Visa (2026)
| FORM / DESCRIPTION | ESTIMATED USCIS FEE (USD) | REGULATORY REFERENCE |
|---|---|---|
| Form I-526 / I-526E | $3,675 - $11,160* | 8 CFR § 204.6 |
| EB-5 Integrity Fund Fee | $1,000 | Reform & Integrity Act of 2022 |
| Consular Processing Fee | $345 | U.S. Dept of State - Fees |
| US Immigrant Visa Fee | $235 | 8 CFR § 106.2(c)(3) |
| Form I-829 (Remove Conditions) | $3,750 - $9,525** | 8 CFR § 216.6 |
| Biometrics Services Fee | $85 | USCIS Filing Fees |
USCIS Immigrant Visa Fee (2026)
| Date Immigrant Visa Fee Introduced: | February 1, 2013 |
| Amount: | $235 (check latest fee here) |
| Where to Pay: | Online |
| When to pay Immigrant Visa Fee: | After receiving your immigrant visa. |
The US Immigrant Visa fee confuses many EB-5 applicants. The US regulations authorize USCIS to collect this fee from most immigrant visa holders. Very limited fee waivers are available.
The immigrant visa fee can be paid after entry to the US but USCIS will not issue any "green cards" until it is paid.
https://www.law.cornell.edu/cfr/text/8/106.2
The Current Position on USCIS EB-5 Fees: January 2026
The most recent price increase USCIS fee structure became effective April 1, 2024. However, a Federal judge invalidated this fee increase, returning fees to the pre-April 2024 price. Moody v. Noem, No. 1:24-cv-00762-CNS(D. Colo. Nov. 12, 2025). As of January 2026 USCIS have initiated a pricing increase.When Fees Change: Always check with USCIS AND an EB-5 Lawyer
Always Check the USCIS Website
Future changes will be published in the Federal Register and then typically on the USCIS Filing Fees page. However, as explained below, the fees on the USCIS website are not always accurate. The best advice is to check with an EB-5 lawyer.Case Study: Why Relying on the USCIS Website can Lead to Fee Rejections
In November 2025, our Indian client filed an I-526E relying on the fees stipulated on the USCIS Website. Because USCIS had not updated their fees to allow for a Federal Judge having invalidated their fee increase the fees on the USCIS website were wrong.The client’s case was rejected for processing by USCIS based on the client having paid the wrong fees as stipulated in the USCIS website. We re-filed the case using the corrected fee.
If USCIS Rejects Your Filing for Wrong Fee: What To Do
Follow this checklist to refile quickly:
- Act quickly: Refile as soon as possible. Note that rejected filings do not preserve your original priority date-your new priority date will be the date USCIS receives your corrected filing.
- Verify the current fee: Check the USCIS Fee Calculator AND any recent USCIS Alerts for court-ordered fee changes.
- Use correct payment method: Submit a new check or money order payable to "U.S. Department of Homeland Security" for the exact amount.
- Include rejection notice: Attach a copy of the USCIS rejection notice with your new filing.
- Consult an EB-5 lawyer: Fee rules change frequently-an experienced attorney can confirm the correct fee on the day of filing.
USCIS Filing Fees for EB-5 Petitions Using Adjustment of Status (Effective December, 2025)
| FORM | PURPOSE | ESTIMATED USCIS FEE (USD) | REGULATORY / OFFICIAL REF |
|---|---|---|---|
| Form I-526 / I-526E | Immigrant Petition by Standalone or Regional Center Investor | $3,675 - $11,160* | 8 CFR § 204.6; USCIS I-526/I-526E |
| Integrity Fund Fee (Regional Center only) | Contribution to EB-5 Integrity Fund | +$1,000 | USCIS EB-5 Integrity Fund |
| Form I-485 | Adjustment of Status (filed in U.S.) | $1,440 (includes biometrics) | USCIS Fee Schedule; Form I-485 |
| Form I-765 (Optional) | Optional Employment Authorization | $260 | USCIS Fee Schedule |
| Form I-131 (Optional) | Optional Travel Permit ("Advanced Parole") | $630 | USCIS Fee Schedule |
| Form I-829 | Petition to Remove Conditions on Permanent Residence | $3,750 - $9,525** + $85 biometrics | 8 CFR § 216.6; USCIS I-829 |
Note: All USCIS fees are non-refundable and must be paid to the U.S. Department of Homeland Security.
** At the current time, I-829 fees have been temporarily reduced by court action to $3,750. The fee for a case filed in January 2026 is $3,750. However, USCIS is currently in the process of legally increasing these fees. By the time a new EB-5 applicant reaches the I-829 stage, these fees are likely to have increased, depending on the outcome of pending rule-making. That is why we are showing a range of costs.
Official USCIS Fee Resources: Always verify fees before filing using these official sources:
- USCIS Fee Calculator - Calculate fees for any form
- Form I-526/I-526E - Immigrant Petition by Investor
- Form I-485 - Adjustment of Status
- Form I-829 - Remove Conditions on Residence
- Form I-765 - Employment Authorization (EAD)
- Form I-131 - Travel Document (Advance Parole)
- USCIS Alerts - Court orders affecting fees
Other Typical EB-5 Costs
-
Investment Capital: $800,000 - $1,050,000
This is not really a cost; it is an investment that, while at risk of total loss, is typically returned to the investor. -
Regional Center Admin Fee: $50,000 - $80,000
Applicable in -Regional Center- Cases Only - Legal Fees: $20,000 - $30,000 per family
- Source-of-Funds / CPA Reports: $2,000 - $10,000
- Business Plan / Economic Report (Direct): $3,000 - $8,000
- Translations / Authentication: $500 - $2,000
- Opportunity Cost: Cost of locking-up $800,000 in an EB-5 project for 5 years.
- US Immigrant Visa Fee: $235 per person
-
Medical Examination Costs: $100 - $250 per person
Required for each family member as part of the immigration process. -
Photos, Courier, Printing & Submission Logistics: $1,000 per application
Covers I-526/I-526E and I-829 filings. -
Money Movement Charges: Varies
Wire transfer fees, currency conversion, and bank charges for moving investment funds. -
Independent Project Financial Review: $5,000+
Optional but recommended due diligence review of Regional Center projects by an independent financial analyst. -
Commissioned Broker / Migration Agent: $40,000+
If using a migration agent or broker to source and recommend EB-5 projects.
Costs of RFEs and NOIDs
After an I-526, I-526E, or I-829 has been filed, USCIS can respond with: (a) an approval; (b) a Notice of Intent to Deny (NOID); (c) a Request for Evidence (RFE); or (d) a Request for Clarification (RFC).The incidence of RFEs and NOIDs varies significantly by law firm used. Also, the attitude of law firms to the additional costs and fees charged for RFEs and NOIDs varies significantly.
RFCs represent very minor questions on a case and are typically resolved at no cost to investors.
Important Consideration: Be aware that a law firm has to pay its staff for working on RFEs and NOIDs. Firms willing to waive costs caused by USCIS may not represent the "bargain" they initially appear to be. A firm that invests less time in initial case preparation to offer lower fees may generate more RFEs, ultimately costing you more in time and money.
Regulatory Authority
- 8 CFR § 204.6 — Petitions for employment creation immigrants
- 8 CFR § 216.6 — Removal of conditions for investors
- INA § 203(b)(5) — Statutory basis for EB-5
EB-5 Visa Investment Amount
To become eligible for an EB-5 visa, you are required to make a minimum investment depending on your chosen investment option.There are two levels of investment:
| Location of Project | Investment Required |
|---|---|
| Inside Target Employment Area (TEA) | USD 800,000 |
| Outside TEA | USD 1,050,000 |
A Common Myth: Direct Projects Require More Investment
A common misconception is that Direct Projects carry an investment requirement of USD 1,050,000 and Regional Centers have a requirement of USD 800,000. This is false. Sadly, some disreputable Regional Centers disseminate this falsehood.What Constitutes a Qualifying EB5 Investment?
How the US Immigration and Nationality Act Defines Investment for EB-5
INA § 203(b)(5) / 8 U.S.C. § 1153(b)(5)(D)(ii)(I) defines EB-5 investment as: “cash and all real, personal, or mixed tangible assets owned and controlled by the alien investor, or held in trust for the benefit of the alien and to which the alien has unrestricted access.”As a practical matter non-cash investment is only possible in Direct cases where investors are investing in their own business.
Investment Does not Have to be Cash Except When a Regional Center Says so
Your investment can be in the form of cash, tangible property, equipment, inventory or cash equivalents. If a Regional Center denies this you can quote the US Immigration and Nationality Act: INA § 203(b)(5) / 8 U.S.C. § 1153(b)(5)(D)(ii)(I).As a practical matter a Regional Center is raising cash for their client to fund a project. Non-cash investments are therefore not typically viable in Regional Center cases.
Case Example of Non-Cash EB-5 Investment
Our client is an Indian manufacturer of nutritional supplements from Noida. Our client opened a distribution facility in Tennessee. The value of the client’s EB-5 investment included the fair market value of stocks of nutritional supplements imported from India.For more information on what constitutes a valid EB-5 investment visit our EB-5 Investment guide.
The Current Position on USCIS EB-5 Fees: January 2026
The most recent price increase USCIS fee structure became effective April 1, 2024. However, a Federal judge invalidated this fee increase, returning fees to the pre-April 2024 price. Moody v. Noem, No. 1:24-cv-00762-CNS (D. Colo. Nov. 12, 2025).As of January 2026 USCIS have initiated a pricing increase.
When Fees Change: Always check with USCIS AND an EB-5 Lawyer
Always Check the USCIS Website
Future changes will be published in the Federal Register and then typically on the USCIS Filing Fees page. However, as explained below, the fees on the USCIS website are not always accurate. The best advice is to check with an EB-5 lawyer.Case Study: Why Relying on the USCIS Website can Lead to Fee Rejections
In November 2025, our Indian client filed an I-526E relying on the fees stipulated on the USCIS Website. Because USCIS had not updated their fees to allow for a Federal Judge having invalidated their fee increase the fees on the USCIS website were wrong.The client’s case was rejected for processing by USCIS based on the client having paid the wrong fees as stipulated in the USCIS website. We re-filed the case using the corrected fee.
Consular Processing or Adjustment of Status
Once the I-526 has been approved a case can move in three directions:1. Consular Processing
Consular processing is processed through the National Visa Center (NVC). NVC charges an Immigrant Visa (IV) issuance fee which as of January 2026 is $345 per person.2. AOS for Applicants who Concurrently Filed Form I-485
If you concurrently filed Form I-485 there is nothing to do. USCIS will now adjudicate your Form I-485.3. AOS for Applicants who did not concurrently file for AOS
Eligible investors from retrogressed countries who were unable to concurrently file for I-485 with their I-526 or I-526E can now file Form I-485 to Adjust Status to lawful permanent resident status.If the investor is in the US in a lawful status, such as an H-1B or F-1, he or she can file Form I-485 with the USCIS for Adjustment of Status (AOS). Each person of the investor’s family has to file their own I-485 individually.
As of January 2026, the filing fee for the form is $1,440 and $85 for collection of biometrics. Note that this fee is subject to change.
Form I-829 Filing Fee
Upon approval of your EB-5 Visa, you acquire a conditional permanent residency for 2 years. You would need to file a Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within the last 3 months of the 2-year validity to remove the conditions to become a permanent resident.Note: These fees are accurate as of November 2025. However, as USCIS fees can change at any time, always double-check the latest amounts using the official USCIS Fee Calculator at https://www.uscis.gov/feecalculator.
EB-5 Legal Fees: Immigration Lawyer Costs
Many Regional Centers will refuse to accept you as an investor unless you are represented by an experienced immigration lawyer. EB-5 legal fees are a significant component of the overall budget. While hiring an immigration lawyer is not mandated by law, EB-5 is complex. We strongly recommend hiring an experienced EB-5 lawyer as they will help you navigate the often very complex EB-5 process. Read our Guide on selecting an EB-5 Lawyer.Direct Vs. Regional Center Case Costs
Summary of the differences between Regional Center and Direct Case Costs
Regional Centers undertake a lot of work when structuring an EB-5 project. Where an investor pursues EB-5 independently from a Regional Center the investor will incur the costs typically borne by the Regional Center.Quick Summary of Regional Center and Direct EB-5 Costs
| Cost Item | Paid To | Direct EB-5 | Regional Center | Comments |
|---|---|---|---|---|
| Economic study | EB-5 Economist | $ 5,000 plus | Included in RC Admin Fee | |
| Regional Center Admin Fee | Regional Center | NA ($0) | $ 0 – $ 80,000 | Varies by Regional Center and project and whether or not the investor has an agent/broker |
| Corporate and Commercial Documentation | Corporate Lawyer | $ 5,000 - $ 100,000 plus | Included in RC Admin Fee | The cost of negotiating and preparing the necessary documents for a Direct project will vary wildly based on the project. |
| EB-5 Source of Funds Fee | EB-5 Lawyer or Accountant | $ 5,000 - $10,000 | $ 5,000 - $10,000 | |
| EB-5 Lawyer Fee | EB-5 Lawyer | $ 15,000 - $ 30,000 | $ 15,000 - $ 30,000 | Fee varies on the law firm retained. |
| Business Plan Fee | Business Plan Service of EB-5 Lawyer | $ 3,000 - $ 5,000 | Included in Regional Center Admin Fee | This is probably the single most important document in EB-5. |
| Employees | Employees and Government Taxes | Varies | $ 0 | In a Direct EB-5 case the EB-5 business must hire ten full-time workers. In a Regional Center case there is no additional cost to the investor. |
Regional Center Administration Fees: Always Negotiate!
What are Regional Centers
Regional centers are USCIS designated entities authorized to sponsor EB-5 investments through pooled project structures. Understanding the EB-5 regional center cost is critical because, in a regional center investment, the investor typically invests through a pre-structured offering into a New Commercial Enterprise (NCE) created for the project.What is a Regional Center Administrative Fee (also Called a Syndication Fee)
Regional Centers charge waivable administrative fees which can be as high as $80,000. Most Regional Centers will initially ask for a fee of between $60,000 and $80,000 but can be willing to discount or waive those fees. That is especially the case where an EB-5 investor has not used a project broker or an "agent".What is Included and Not Included in a Regional Center ("RC") Admin Fee?
| Items | What is Included | What is Not Included |
|---|---|---|
| Independent Due Diligence | RC underwriting procedures protect the RC, not investors. | Independent financial review commissioned by the investor, for example by a CFA charter-holder or similar professional. |
| Review of strength of legal protections of investor capital in project documents | Limited. RCs appoint counsel to represent the RC, NOT investors. | Review of legal provisions in critical documents such as the intercreditor agreement which materially impact the security of investor capital. |
| Business plan | Business plan is included, but investors should still review assumptions, job creation methodology, and downside cases. | Independent financial review of assumptions and projections. |
| TEA Certification | Fully included. | Nothing. |
The Role of a Broker and EB-5 Costs
Many EB-5 investors are introduced through brokers or agents who are compensated by regional centers.- Many brokers active in EB-5 have no financial analysis training.
- Ask a broker if they have a CFA or major bank analysis training.
- Regional Centers may be less willing to discount administrative fees where an investor is represented by a broker. This is because the RC needs the fees to pay the broker their commissions.
- Brokers are typically distribution focused rather than underwriting focused, so investors should treat broker involvement as marketing, not diligence.
- USCIS Policy Manual Chapter 6, "Direct and Third-Party Promoters"
D&A Hot Tip!
Always ask the Regional Center in writing:
- What is the lowest fee offered to an investor in the project?
- If I am not represented by a broker or agent what will the admin fee be?
Conclusion: Treat the Admin Fee as Negotiable
Regional Center administrative fees are often presented as fixed, but in many cases they are discretionary and can be reduced or waived. Investors should view these fees as a commercial term, not a requirement, and should negotiate them early, before signing subscription documents or wiring funds. A lower administrative fee improves your overall investment economics without changing the underlying project risk, so it is one of the simplest ways to strengthen your EB-5 outcome.Next Steps: What to Do Now
- ✔ Request the fee in writing
Ask the Regional Center to confirm the administrative fee and any discount policy in writing. - ✔ Ask what the lowest fee is for any investor
This quickly reveals whether your quoted fee is truly standard, or inflated based on distribution channel. - ✔ Confirm the fee if you are not using a broker or agent
If you are investing directly, request the Regional Center direct investor fee. - ✔ Compare total costs across projects
Do not compare projects on investment amount alone. Compare the full cost, including the admin fee and any other charges. - ✔ Do independent diligence separately
Even if the Regional Center materials are thorough, consider independent financial and legal review focused on protecting your capital. - ✔ Negotiate before you commit
The best time to negotiate is before documents are signed and funds are transferred. Once you are deep in the process, leverage typically decreases.
Business Plan Costs: Direct Cases Only
If you chose the option to make a direct investment you will need to attach a business plan along with your I-526. An EB-5 business plan is complex and needs to be fully compliant with the legal standards laid out in the Matter of Ho. Matter of Ho, 22 I&N Dec. 206 (Assoc. Comm’r 1998).In Regional Center cases the preparation of the business plan is included in the Regional Center fee.
While business plans vary in price and quality you should budget for around USD 5,000.
Business Entity Formation: Direct Cases Only
If you choose to make a direct investment, you have the option to establish a new business.Working with a corporate lawyer who has EB-5 experience is essential. In the United States corporate lawyers typically charge $ 10,000 and more for these services. Read more about forming a business entity in the United States.
Document Translations
The application process involves a lot of documents ranging from personal, source of funds to project documents. Documents written in a foreign language must be translated into English, and the translation fees may again vary depending on your service provider.Direct Investment Costs
Overview of Costs and Fees in Direct EB-5 Cases
In a direct investment, the investors structure the investment themselves so there is no regional center administrative fee to be paid. However, there is no Regional Center to prepare the business plan and other documentation. The additional costs must be paid by the investor.Additional Costs Paid by Investors in Direct EB-5
The investor is responsible for obtaining:Economic/TEA Report (for $800,000 Investments)
The TEA or “economic” report can cost $5,000 or more. It is prepared by an economist specializing in EB-5 and evidences that the project is located in a Target Economic Area (TEA).EB-5 Compliant Business Plan
The investor is also responsible for obtaining a business plan that complies with the EB-5 Visa requirements. This additional cost could range from $2,500 to $10,000 USD, depending on the nature and structure of the business.At Davies & Associates our “Wharton EB-5 Team” of Wharton MBAs have decades of experience with business plans and documenting Direct EB-5 cases. We are ready to assist with every detail. Read more about immigration-compliant business plans.
Lawyer Fees in Direct EB-5
While not mandatory, seeking a legal consultation or advice from an immigration attorney can help ensure that all aspects of your direct investment are compliant with the EB-5 program. You might also need advice from other types of lawyers in some aspects. For example, you might need the help of a corporate attorney if you are planning to establish a new business.Travel and Relocation Costs
Since you will be granted a conditional permanent residence, you should also factor in applicable travel and relocation costs including the multiple trips in and out of the U.S. or where you will stay.Tax Considerations
An EB-5 investor should also take into account tax considerations for the duration of the EB-5 program:Income Tax
Since you will become a permanent resident, you will be subject to income taxes on your worldwide income. Moreover, you must report and pay taxes on any income received from your investment. However, US taxation is complex. In the past most clients have benefited from lower tax payments in the US. While rates may be higher in the US, income lawfully excluded from taxation is often also higher.Capital Gains Tax
If you sell your investment, you may be subject to a capital gains tax. The tax will depend on the period that the investment was held and the amount of the gain.Estate Tax
Once you have become a U.S. citizen and you have acquired properties along the way, your estate may be subject to an estate tax once you have passed away.Local and State Taxes
You may be also subject to local and state taxes, aside from federal taxes, depending on where you live.Pointers to Minimize EB-5 Visa Expenses
An application for an EB-5 Visa can get costly as you will have to think about the minimum investment amount and the rising application fees. However, there are several points you can follow to minimize your expenses:Plan ahead
The EB-5 process can be extensive, so planning and budgeting for your application process ahead is crucial if you want to minimize your expenses. This can help you avoid last-minute expenses or unexpected fees.Research investment opportunities
Before investing, you should conduct a thorough research on every investment opportunity to ensure its legitimacy and its success rate. This minimizes the risk you would take when investing, which can get costly.Consider investing in a targeted employment area
Investing in a TEA reduces the minimum investment significantly. From $1.05 million USD, you are just required to make a minimum investment of $800,000 USD.Look for cost-friendly regional centers
If you are planning to invest in a regional center, you can look for ones that have low fees but still a high success rate. This ensures that you shell out less money while still having a high chance of success.Hire an immigration lawyer
While hiring a lawyer can add to the costs, they can help reduce the overall costs you have to pay in the long run as lawyers can ensure that your application is complete and accurate, which lessens the chances of costly mistakes or delays. Moreover, they also increase the chance of your application getting approved.Frequently Asked Questions (2026 Edition)
Can I rely on the fees listed on the USCIS website?
Not always. USCIS fee pages are a starting point, but fee amounts can be wrong and can change quickly because of court orders and ongoing rule-making. For EB-5 in particular, a federal court order in Moody v. Noem stayed certain EB-5 related fee increases from the DHS 2024 USCIS Fee Rule. USCIS did not immediately change these fees on their site meaning that clients who filed their EB-5 using the fees listed on the USCIS website had their cases rejected. Because these changes can affect what fee USCIS will accept at the time your package is received, we confirm the fee immediately before filing and do not recommend relying on a single screenshot or an older USCIS table.Why do you list EB-5 filing fees as a range instead of a single number?
EB-5 fees are changing due to active litigation and new proposed rulemaking. A federal court order in Moody v. Noem stayed certain EB-5 related fee increases, and DHS has also published a proposed EB-5 fee rule in the Federal Register. Because the fee in effect can change between the day you start and the day you file, we provide a range and confirm the exact fee immediately before filing to reduce the risk of rejection for an incorrect payment.How do you prevent an EB-5 filing from being rejected for an incorrect fee?
We treat fee verification as a final pre-filing step, because the Lockbox commonly rejects submissions for incorrect fees. Our checklist is:- Verify the fee in the current USCIS fee schedule and confirm the fee is correct for the specific form and filing type.
- Check USCIS Alerts for any court order implementation that changes which fees USCIS will accept, such as the EB-5 partial stay alert in Moody v. Noem.
- Confirm payment method details, because the Lockbox will reject if the payment amount is incorrect.
How much does the EB-5 Visa really cost?
A realistic EB-5 total cost estimate ranges from $875,000 to $950,000+, because you need the $800,000 minimum investment (TEA) plus USCIS fees, admin fees, and legal costs. Non-TEA investments require $1,050,000.Are EB-5 filing fees refundable if denied?
No, EB-5 filing fees are non-refundable once USCIS accepts your petition, because government filing fees cover processing costs regardless of outcome.What is the difference between I-526 and I-526E?
Form I-526 is for direct (standalone) investments; I-526E is for Regional Center cases. Both have the same filing fee, but I-526E requires an additional $1,000 Integrity Fund fee because Congress mandated oversight funding for Regional Centers in 2022.How much are attorney fees?
EB-5 attorney fees typically range $20,000-$30,000 per family, because the process requires extensive source-of-funds documentation, business plan preparation, and multi-stage filings over several years.Do dependents pay separate fees?
Yes, each dependent pays separate visa issuance fees: $345 per person for consular processing or $1,440 for Adjustment of Status, because immigration fees are assessed per individual applicant.What is the EB-5 Integrity Fund?
The EB-5 Integrity Fund is a $1,000 fee required for Regional Center investors at I-526E filing, because the Reform and Integrity Act of 2022 mandated this fee to fund USCIS oversight and auditing of Regional Centers.Can EB-5 investors pay in foreign currency?
No, USCIS filing fees must be paid in U.S. dollars, because all government fees are processed through U.S. banking systems. However, your investment capital may originate from abroad if lawfully sourced.What are typical third-party costs in an EB-5 budget?
Translations, tax transcripts or bank letters, notary and legalization, courier, wire fees, currency conversion spreads, medical exams, and document retrieval costs often add up and vary by country.Are regional center administrative fees refundable if my I-526E is denied?
Usually not, unless the offering documents provide a denial refund provision. The answer is controlled by the subscription agreement and escrow terms, not immigration law.Do I have to pay the full investment amount before filing?
Often yes in practice, but the exact timing depends on the project structure, escrow terms, and how the investment is documented as being fully committed and at risk.What costs increase if I choose Adjustment of Status instead of consular processing?
Adjustment of Status can increase per-person government fees and also adds EAD and advance parole related filings, while consular processing has a different fee stack and different logistics.What is the most common cost-driven mistake investors make?
Comparing projects based on the investment amount alone, instead of comparing the full cost including admin fees, third-party costs, and the cost of fixing avoidable documentation problems later.Are there ongoing costs after filing?
Yes, investors should budget for follow-on filings, document updates, and potential Request for Evidence responses, plus tax planning once they become US residents.About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.Contact Davies & Associates Offices in United States
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Looking to acquire an EB-5 Visa?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for businesses, investors, individuals, and families.
EB-5 Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN VisaD&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.
E2 Visa ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB5 Process.
EB5 Visa ClientI would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.
Grenada CBI + E2 Visa ClientThe entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB5 Visa HoldersI'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa WaiverI am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
U Visa Applicant, A Victim of CrimeLooking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.
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New York Office World Trade Center:
1 World Trade Center,Suite 8500 New York, NY 10007
+1 212 537 9196
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New York Office E69th Street:
200 E69th Street, 2N,New York , NY 10022
+1 212 537-9196
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California Office:
555 Anton Blvd Suite 150, Costa Mesa, CA 92626
+1 (949) 620 1811
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Philadelphia Office:
1500 John F Keneddy Blvd Suite, 450 , PMB 41, Philadelphia , PA 19102
+1 215 525 1881
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London Office:
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+44 20 388418126
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+44 131 3920686
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+84 28 6287 5912
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Enam Sambhav C-20, G Block, Bandra-Kurla Complex, MUMBAI - 400051, 27-Maharashtra
+91 720 8564057
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+39 055 0763054
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65 8012 9546
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+44 7740 000769
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