EB-5 Government Filing Fees — Costs & Payment Guide

What EB-5 Government Filing Fees Actually Cover

EB-5 investors don't pay one filing fee — they pay a sequence of government fees at distinct stages of the process, each tied to a different form and adjudicated by a different agency. The I-526E immigrant petition filed with USCIS is the first and largest, but it is not the only government cost. Adjustment of status (if you are already in the U.S.) or consular processing (if you are abroad) each triggers additional filing fees, and dependent family members file separately at every stage. The difference between budgeting for the petition alone and budgeting for the full pathway to permanent residence can be tens of thousands of dollars.

Here's the honest answer: USCIS and the Department of State publish fee schedules that change annually, sometimes multiple times in a single year. Any EB-5 fee stated without a date is unreliable. The numbers below reflect the structure of the fee schedule as of early 2026 — confirm the current amounts on uscis.gov/forms and travel.state.gov before you file, because the dollar figures will not match what you find in older guides or on competitor websites.

The I-526E Petition Filing Fee

The I-526E petition — Form I-526E, Immigrant Petition by Regional Center Investor — is the first government filing in the EB-5 process and carries the highest single fee. As of 2026, USCIS charges a filing fee for Form I-526E; the exact amount is listed on the USCIS fee schedule at uscis.gov/i-526e. This fee is per investor, not per family — one I-526E petition covers the investor, their spouse, and unmarried children under 21, but the investor pays the full I-526E fee regardless of whether dependents will immigrate.

The fee is not refundable if the petition is denied. It is also separate from the EB-5 investment itself — the investment goes to the new commercial enterprise or regional center project, and the filing fee goes to USCIS. Confusing these two amounts is a common error in initial budgeting.

USCIS accepts payment by check, money order, or credit card (using Form G-1450). Premium processing is not available for Form I-526E as of 2026.

Adjustment of Status Filing Fees (Form I-485)

If the investor and their dependents are already in the U.S. in lawful status when the I-526E is approved and a visa number is available, they file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This is the step that actually grants the green card — the I-526E approval alone does not confer permanent residence.

As of 2026, USCIS charges a filing fee for Form I-485, listed on the fee schedule at uscis.gov/i-485. The fee structure depends on the applicant's age: one amount for applicants 14 years of age or older, and a reduced amount for applicants under 14. Each family member files a separate I-485 and pays the applicable fee. A family of four (investor, spouse, two children over 14) pays the full adult I-485 fee four times.

Additional fees at the I-485 stage:

• Biometric services fee: charged per applicant (verify the current amount on the USCIS fee schedule)
• USCIS Immigrant Fee: a separate one-time fee paid after I-485 approval but before the green card is issued, collected by USCIS at uscis.gov/uscis-immigrant-fee (verify the current amount before the immigrant visa or adjustment approval)

The I-485 package may also require a medical examination by a USCIS-designated civil surgeon, which is paid directly to the physician and varies by location. This is not a government fee, but it is a mandatory cost.

Consular Processing Fees (DS-260)

If the investor and their dependents are outside the U.S. or choose consular processing instead of adjustment of status, they complete the immigrant visa process through the Department of State at a U.S. consulate abroad. This route substitutes the I-485 filing with a consular interview and visa issuance.

As of 2026, the Department of State charges an immigrant visa application processing fee per applicant, payable after the National Visa Center (NVC) processes the approved I-526E petition. The current fee is listed on the DOS fee schedule at travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-9-interview/step-9-faqs.html. Each family member — investor, spouse, children — pays this fee individually.

Additional consular-stage costs:

• USCIS Immigrant Fee: same one-time fee as in adjustment cases, paid after visa issuance but before entry to the U.S.
• Medical examination: required by the consulate, conducted by a panel physician, and paid directly to the physician (cost varies by country)
• Reciprocity fee: some countries require an additional visa issuance fee; check the DOS Reciprocity Schedule by country at travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-by-country.html

Comparing Adjustment of Status vs. Consular Processing Costs

The choice between adjustment and consular processing is based on where the investor and dependents are physically located and whether they can maintain lawful U.S. status throughout the I-485 adjudication period. Cost differences exist but are secondary to eligibility and timing.

What If My I-526E Is Approved but the Priority Date Retrogresses?

EB-5 visa numbers are subject to annual and per-country limits. When demand exceeds supply, USCIS uses a priority date system — the date your I-526E was filed becomes your place in line. If your priority date is not yet current according to the monthly Visa Bulletin published by the Department of State, you cannot file Form I-485 or proceed to consular processing, even with an approved I-526E.

Retrogression means you have paid the I-526E filing fee and received approval, but you cannot yet pay the I-485 or consular fees because no visa number is available. This waiting period can last months to years depending on your country of chargeability and the movement of the Visa Bulletin. You do not pay adjustment or consular fees during the wait — those fees are only due when you file the next form.

The Law Offices of Peter D. Chu monitors priority date movement for active clients and advises on filing timing when visa numbers become current. The wait is procedural, not discretionary — no attorney can expedite it.

What If I Need to Replace a Lost Receipt Notice?

USCIS issues a receipt notice (Form I-797) when you file Form I-526E or Form I-485. If you lose the notice, you can request a replacement by filing Form I-824, Application for Action on an Approved Application or Petition. As of 2026, USCIS charges a filing fee for Form I-824 (verify the current amount at uscis.gov/i-824). The replacement itself does not affect the adjudication of your case, but you need the receipt number to track processing times and respond to USCIS requests.

An alternative is to call the USCIS Contact Center at 1-800-375-5283 and request the receipt number by providing your biographical information and payment details. This avoids the I-824 fee but requires verification.

What If My Dependent Child Ages Out Before We Adjust Status?

A child included in your I-526E petition must remain under 21 and unmarried to qualify as a derivative beneficiary. If the child turns 21 before you file Form I-485 or complete consular processing, they may "age out" and lose eligibility. The Child Status Protection Act (CSPA) allows some protection by freezing the child's age on the date the I-526E was approved, minus the time the petition was pending, but the calculation is case-specific.

If a child ages out, they cannot adjust status or receive an immigrant visa as your derivative. They must qualify for permanent residence through a different pathway — often their own employment-based petition if they are working, or a family-based petition if you are already a permanent resident or citizen. This creates additional filing fees outside the EB-5 process.

The aging-out risk increases when priority dates retrogress. If you file the I-526E when your child is 18 and the priority date does not become current for three years, CSPA may not provide enough protection. Consult an attorney before filing if your child is close to the age limit — the $250 consultation at the Law Offices of Peter D. Chu includes an aging-out calculation and filing-strategy discussion.

Fee Payment Logistics — Checks, Money Orders, and Credit Cards

USCIS accepts payment by personal check, cashier's check, money order, or credit card. If paying by credit card, you must include Form G-1450, Authorization for Credit Card Transactions, with the filing. The card must be in the name of the petitioner or applicant, or you must provide written authorization if the card belongs to someone else.

All checks and money orders must be payable to "U.S. Department of Homeland Security" — never abbreviated, never "USCIS." The amount must match the fee listed on the USCIS fee schedule on the date you mail the package. If the fee increases between the date you prepare the check and the date USCIS receives the filing, USCIS will reject the package and return it unfiled.

Department of State consular fees are paid electronically through the Consular Electronic Application Center after the NVC assigns a case number. You cannot pay consular fees by check or in person at the consulate.

The Biometric Services Fee — When It Applies and When It Doesn't

As of 2026, most I-485 applicants ages 14 to 79 must pay a biometric services fee in addition to the I-485 filing fee. USCIS uses the fee to cover fingerprinting, photograph capture, and background checks conducted at Application Support Centers. Applicants under 14 or over 79 are exempt from the biometric fee, though USCIS may still schedule them for biometrics at no charge if the case requires it.

The biometric fee is paid once per I-485 filing. If USCIS schedules you for a second biometrics appointment (rare but possible if the first set expires or results are unclear), you do not pay the fee again.

Consular applicants do not pay a separate biometric services fee — fingerprinting and photograph capture at the consulate are included in the immigrant visa application processing fee.

The USCIS Immigrant Fee — The Final Government Cost Before the Green Card

After USCIS approves your I-485 or the consulate issues your immigrant visa, you must pay the USCIS Immigrant Fee before your green card is produced and mailed. As of 2026, USCIS charges this fee per person; the current amount is listed at uscis.gov/uscis-immigrant-fee. It is a separate fee from all prior filings and is paid electronically through the USCIS online portal.

Adjustment applicants pay this fee after I-485 approval. Consular applicants pay it after the visa is issued but before entering the U.S. or immediately after arrival. You will not receive your green card until the fee is paid.

This fee is non-refundable and applies to every family member who adjusts status or receives an immigrant visa, including children.

Planning Total Government Costs for a Family of Four

An EB-5 investor with a spouse and two children over age 14 pays government filing fees at the following stages, assuming adjustment of status in the U.S.:

1. I-526E petition: one filing fee (investor petitions for entire family)
2. I-485 applications: four filings (investor + spouse + two children) × I-485 fee per adult applicant
3. Biometric services fee: four fees (one per family member ages 14–79)
4. USCIS Immigrant Fee: four fees (one per family member receiving a green card)

Total government cost = I-526E fee + (4 × I-485 fee) + (4 × biometric fee) + (4 × immigrant fee). The same family choosing consular processing substitutes the I-485 and biometric fees with four immigrant visa application fees and still pays four USCIS Immigrant Fees.

This total does not include attorney fees, the EB-5 capital investment, regional center administrative fees, medical examinations, translations, or document procurement costs — all of which are separate.

Confirm every fee amount on uscis.gov/forms and travel.state.gov before you calculate your budget. Published fee tables older than six months are presumptively stale.

Why Fee Schedules Change and What That Means for Your Filing

USCIS and the Department of State adjust filing fees through rulemaking published in the Federal Register. Fee increases are often tied to inflation adjustments, processing cost studies, or appropriations law. A fee rule published in late 2025 or early 2026 may change amounts across dozens of forms simultaneously.

When a fee rule takes effect, USCIS gives a short transition window — often 30 to 60 days — during which filers may still use the old fee if the package is postmarked before the effective date. After that date, any filing sent with the old fee amount is rejected and returned unfiled.

This creates a timing risk: if you prepare your I-526E package in November 2025 using the November 2025 fee schedule, but USCIS receives it in January 2026 after a new fee rule takes effect on January 1, your package is rejected. Always verify the fee amount on the USCIS website the week you mail the package, not the week you draft it.

EB-5 Government Fees vs. EB-5 Investment Amount

The EB-5 statute requires a capital investment of a minimum threshold in a new commercial enterprise — $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA as of 2026, subject to inflation adjustments. This investment is the economic activity that qualifies you for the visa. It is not a fee, and it is not paid to the government.

Government filing fees are paid to USCIS and the Department of State for adjudication services. They do not count toward your investment requirement. Confusing the two leads to budget shortfalls — investors who assume the I-526E filing fee is part of the investment total have miscalculated by the full amount of the fee.

Additionally, most regional centers charge administrative fees for managing the EB-5 project, conducting due diligence, and providing economic reports. These fees vary by project and are also separate from government filing fees.

Where to Verify Current Fees Before You File

Official sources for EB-5 government filing fees as of 2026:

• USCIS fee schedule: uscis.gov/forms — lists I-526E, I-485, I-824, biometric services, and USCIS Immigrant Fee
• Department of State fee schedule: travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-9-interview/step-9-faqs.html — immigrant visa application processing fee
• USCIS Immigrant Fee portal: uscis.gov/uscis-immigrant-fee
• Federal Register: federalregister.gov — search "USCIS fee schedule" to find the most recent final rule and effective date

Never rely on fee amounts stated in blog posts, forum discussions, or competitor websites unless they include a verification date within the last 60 days and link directly to the source. The Law Offices of Peter D. Chu provides current fee breakdowns during the $250 initial consultation and updates clients when fee rules change between filing stages.

Legal Disclaimer: This article provides general information about EB-5 government filing fees and is not legal advice. It does not create an attorney-client relationship between the reader and the Law Offices of Peter D. Chu. Immigration fee schedules, eligibility requirements, and procedural rules depend on individual circumstances and change frequently. Consult a licensed immigration attorney before filing any petition or application to confirm current fees, assess your eligibility, and develop a filing strategy. Outcomes in immigration cases are never guaranteed and depend on the specific facts presented to the adjudicating agency.

Need Personalized Immigration Guidance? The Law Offices of Peter D. Chu has been guiding EB-5 investors, families, and businesses through the U.S. immigration process since 1981. Our San Diego office offers consultations in English, Mandarin, Cantonese, Vietnamese, and French. Schedule your $250 consultation by calling 858-268-8823 or visiting peterchu.com. Office hours: Monday–Friday, 8:30 AM – 5:30 PM. Address: 4615 Convoy St, San Diego, CA 92111.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.