1615-AC93 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule

The Department of Homeland Security (DHS) is proposing to adjust the fees U.S. Citizenship and Immigration Services (USCIS) charges for Employment-Based Fifth Preference (EB-5) immigration benefit requests. This rule also proposes to codify in regulation certain elements of the EB-5 Reform and Integrity Act of 2022 and make one technical amendment. DHS intends that the rule will provide USCIS the resources necessary to accomplish the goals of the EB-5 Reform and Integrity Act of 2022 and enhance and maintain the integrity of the EB-5 program.

On Jan. 31, 2024, DHS adjusted these fees as part of a larger fee rule with other changes; however, it did not implement EB-5 Reform and Integrity Act of 2022 requirements.

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage Undetermined No 8 CFR part 106 8 CFR 208, 235, 1208 106 and 2 8 U.S.C. 1101 8 U.S.C. 1103 8 U.S.C. 1254a 8 U.S.C. 1254b 8 U.S.C. 1304 8 U.S.C. 1356 Pub. L. 107-609 48 U.S.C. 1806 Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101 note) Pub. L. 115–218, 132 Stat. 1547 Pub. L. 116–159, 134 Stat. 709 Yes

The EB-5 Reform and Integrity Act of 2022 explicitly authorized and required DHS to conduct a fee study and set fees for EB-5 program related immigration benefit requests not later than 60 days after the completion of the study. Specifically, the EB-5 Reform Act provides discretion for DHS to set fees to sufficiently recover the costs of providing such services.

USCIS completed the fee study mandated by the EB-5 Reform and Integrity Act of 2022. DHS proposes to adjust EB-5 fees based on the results of the fee study. In addition, the rule proposes to codify fees and requirements for the EB-5 Integrity Fund.

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DHS is planning to issue this proposed rule under the authority of the EB-5 Reform and Integrity Act. Among other things, the EB-5 Reform and Integrity Act immediately repealed the former authorizing statutory provisions for the Regional Center Program under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993, Pub. L. 102-395, 106 Stat. 1828, sec. 610, and added new authorizing provisions to the INA, substantially reforming the Regional Center Program effective May 14, 2022. The reformed Regional Center Program is authorized through September 30, 2027.

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DHS is currently considering the specific cost and benefit impacts of the proposed provisions.

]]> NPRM 02/00/2025 YES Businesses Governmental Jurisdictions Organizations Undetermined Undetermined Yes No Carol Cribbs Deputy Chief Financial Officer 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 5900 Capital Gateway Drive, Camp Springs MD 20746