October 2026 Visa Bulletin Brings Significant EB-5 Advancement for China-Born Investors; USCIS Announces EB-5 Fee Increases
2 Oct
by Foster, on Immigration Updates
On September 29, 2026, USCIS published the October 2026 Visa Bulletin that contains a notable development for EB-5 investors born in mainland China. At the same time, USCIS has announced significant increases to EB-5 filing fees, effective later this year.
- Significant Advancement in EB-5 Dates for Filing
The October 2026 Visa Bulletin allows applicants to use the Dates for Filing (Chart B) for employment-based immigrant visa categories. For EB-5 Unreserved applicants born in mainland China, the Dates for Filing cutoff date advances by approximately four years, moving from March 1, 2017, in September 2026 to March 1, 2021, in October 2026.
In addition, all EB-5 set-aside categories established under the EB-5 Reform and Integrity Act of 2022 remain Current, consistent with prior expectations.
- Impact on Investors
The advancement of the China EB-5 filing date may create a significant opportunity for eligible investors and their qualifying family members currently present in the United States to file applications for adjustment of status. Foreign nationals who may benefit from the October 2026 filing window should consult with immigration counsel to determine eligibility and assess available filing strategies.
- New EB-5 Fee Rule Effective November 30, 2026
On September 30, 2026, USCIS issued a final rule increasing EB-5 immigration filing fees. The new rule also codifies provisions of the EB-5 Reform and Integrity Act of 2022. According to USCIS, the fee increase is a result of program-specific fee study directed by the EB-5 Reform and Integrity Act of 2022 (“RIA”) and is intended to fully recover the costs of administering the EB-5 program and implementing the integrity measures required by the RIA.
The following fees are scheduled to go into effect starting November 30, 2026:
- Table 1. EB-5 Fee Comparison
|
Immigration Benefit Request |
Current Fee (Reinstated on Nov. 13, 2025) |
Proposed Fee(s) |
Final Fee(s) |
$ Difference from Current Fee |
% Difference from Current Fee |
|
I-526 Immigrant Petition by Standalone Investor (with EB-5 Technology Fee) |
$3,675 |
$9,625 |
$7,615 |
$3,940 |
107% |
|
I-526E Immigrant Petition by Regional Center Investor, Initial (with EB-5 Technology Fee) |
$3,675 |
$9,625 |
$7,850 |
$4,175 |
114% |
|
I-526E Immigrant Petition by Regional Center Investor, Amendment |
$3,675 |
$9,530 |
$7,775 |
$4,100 |
112% |
|
I-527 Amendment to Legacy Form I-526 |
$0 |
$8,000 |
$10,330 |
$10,330 |
N/A |
|
I-829 Petition by Investor to Remove Conditions on Permanent Resident Status |
$3,750 |
$7,860 |
$5,000 |
$1,250 |
33% |
|
I-956 Application for Regional Center Designation, Initial (with Regional Center Termination Cost) |
$17,795 |
$28,895 |
$44,115 |
$26,320 |
148% |
|
I-956 Application for Regional Center Designation, Amendment |
$17,795 |
$18,480 |
$9,835 |
($7,960) |
-45% |
|
I-956F Application for Approval of Investment in a Commercial Enterprise (with Regional Center Termination Cost) |
$17,795 |
$29,935 |
$42,675 |
$24,880 |
140% |
|
I-956G Regional Center Annual Statement, Initial, Amendment, or Supplement |
$3,035 |
$2,740 |
$2,165 |
($870) |
-29% |
|
I-956H Bona Fides of Persons Involved with Regional Center Program |
$0 |
$55 |
$65 |
$65 |
N/A |
|
I-956K Registration for Direct and Third-Party Promoters |
$0 |
$2,740 |
$2,165 |
$2,165 |
N/A |
|
I-526E EB-5 Integrity Fund Fee |
$1,000 |
$1,085 |
$1,100 |
$100 |
10% |
|
Regional Center Integrity Fund Fee (20 or fewer total investors) |
$10,000 |
$10,825 |
$11,000 |
$1,000 |
10% |
|
Regional Center Integrity Fund Fee* |
$20,000 |
$21,650 |
$22,000 |
$2,000 |
10% |
Foster LLP will continue to track immigrant visa availability and provide updates about any developments via Immigration Updates ©, articles, and blogs on our website at www.fosterglobal.com