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DHS/USCIS RIN: 1615-AC93 Publication ID: Fall 2024 
Title: ●U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule 
Abstract:

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.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 8 CFR part 106 8 CFR 208, 235, 1208 106 and 2     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 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   
Legal Deadline:  None

Statement of Need:

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.

Summary of the Legal Basis:

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 Among other things, the EB-5 Reform and Integrity Act immediately repealed the former authorizing statutory provisions for the Regional Center Program under the Departments of Commerce, Justice, and State, the Judiciary, and Related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.

Anticipated Costs and Benefits:

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

Timetable:
Action Date FR Cite
NPRM  02/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Carol Cribbs
Deputy Chief Financial Officer
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000