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For over three decades, the EB-5 Immigrant Investor Program has served as a premier pathway for global families to secure a future in the United States. However, as we enter 2026, the program is no longer “business as usual.”
Between a major court-ordered fee reduction and a looming legislative deadline, the window for predictable, protected immigration is narrowing. At Cohen, Tucker + Ades, we are advising our clients that the next nine months represent a “Golden Window” for the EB-5 program.
The 2026 “Fee Reset”: A Rare Opportunity
In a significant victory for investors, a federal court ruling in late 2025 (Moody v. Mayorkas) halted the steep fee increases that were previously implemented by USCIS. As a result, the agency has temporarily reverted to much lower filing fees while they conduct a new cost study.
For investors filing in early 2026, this represents a massive cost saving:
| Form Type | 2024/Early 2025 Fee | Current 2026 Fee | Estimated Savings |
| I-526E (Investor Petition) | $11,160 | $3,675 | $7,485 |
| I-829 (Remove Conditions) | $9,525 | $3,750 | $5,775 |
| I-485 (Adjustment of Status) | $1,440 | $1,440 | — |
Note: The I-526E still requires a separate $1,000 Integrity Fund fee as mandated by the Reform and Integrity Act (RIA).
Why urgency matters: USCIS is already working on a new “Final Fee Rule.” We expect these prices to rise again later this year. Filing now allows you to lock in these lower rates before the next hike.
The “Grandfathering” Deadline: September 30, 2026
Beyond the fees, the most urgent reason to act is a specific provision known as Grandfathering.
Under the RIA, if you file your I-526E petition on or before September 30, 2026, U.S. law guarantees that USCIS must continue to process your case—even if the Regional Center program faces a future lapse in Congress. Those who wait until 2027 may not have the same legal “safety net” if political winds shift.
Why 2026 is Different: Reserved Visas
One of the biggest breakthroughs in the current market is the creation of “Set-Aside” or Reserved Visas. A portion of the annual EB-5 visa quota is now strictly reserved for:
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Rural Projects (20%) — These receive Priority Processing.
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High Unemployment Areas (10%)
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Infrastructure Projects (2%)
As of the January 2026 Visa Bulletin, these categories remain “Current” for all countries, including China and India. This means new investors can effectively “skip the line” of decade-long backlogs that plague other visa categories.
Your Path Forward
The EB-5 journey is a marathon, but the starting gun has already fired for 2026. Securing your “place in line” before the September deadline—and while fees remain at historic lows—requires immediate action.
Next Week: We will dive into the strategic choice between Regional Center vs. Direct Investment—and which one aligns with your family’s goals.
Ready to secure your future at the lower rate?
The legal team at Cohen, Tucker + Ades is here to ensure your petition is built on a solid foundation. Want to learn more? Click here to schedule a confidential consultation with our EB-5 experts.
Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.
Sources:
Immigration & Nationality Act § 203(b)(5)(S) (codified by the EB-5 Reform and Integrity Act of 2022)
117th Congress | EB–5 Reform and Integrity Act of 2021
U.S. Department of State | Visa Bulletin (January 2026)
U.S. Citizenship & Immigration Services | EB-5 Questions and Answers
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