The United States Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking today to adjust certain immigration and naturalization benefit request fees. The proposed fee increase follows USCIS’ comprehensive fee reviews which determines that the current fee is insufficient to cover the agency’s operating expenses. Please see below is a list of the new proposed filing fees for the EB-5 program.
Notice of Proposed Rulemaking: https://www.federalregister.gov/public-inspection/2022-27066/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration
CURRENT FEES VS. PROPOSED FEES
WHEN WILL THE FEES INCREASE?
This change will not be implemented until the final rule goes into effect, after the public has had the opportunity to comment and USCIS finalizes the fees schedule in response to such comments. All written comments are requested on or before March 6, 2023.
REASON FOR THE BIG FEE INCREASE
According to USCIS, “Under the ability-to-pay principle, those who are more capable of bearing the burden of fees should pay more for a service than those with less ability to pay. The requirements of immigrant investor program indicate that immigrant investors and regional centers have the ability-to-pay more than most USCIS customers. In addition, compared to the amount of capital required and the required investment levels for an immigrant investor, the amount of the USCIS fees are an insignificant amount.”
Additionally, under the EB-5 Reform and Integrity Act of 2022 (EB-5 RIA 2022), which was signed into law by President Biden back in March of 2022, USCIS is required to conduct a study of fees charged no later than 1 year after the enactment of this Act, and make adjustment of these fees to achieve efficient processing.
EB-5 Reform & Integrity Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/2901
POSITIVE IMPACT OF THE FEE INCREASE
Under the EB-5 RIA 2022, USCIS must also aim to adjudicate applications in a timely manner. By increasing the filing fees and hiring more adjudicators, we hope that the agency will also be able to improve their efficiency and shorten the processing time, especially for investors from China and India who are facing retrogression.
OTHER FEE INCREASES FOR REGIONAL CENTER
Besides the change in investor’s filing fees, USCIS also proposed to increase the fees associated with regional center designation, project filing and regional center annual report.
TAKE ADVANTAGE OF THE CURRENT LOWER FEES, FILE YOUR PETITION TODAY!
Group 14 consists of two real estate development projects located in prime locations of the world’s #1 financial capital, New York City. Both project locations are TEA and meets the 10% reserved visa requirement. Both projects have clear exit strategies, and will create sufficient jobs for all investors. Group 14 project documents are prepared and filed by an experienced team of professionals, including distinguished economist Michael Kester, law firms with long and illustrious history Saul Ewing LLP, as well as Law Offices of Li & Associates.
GROUP 14 RECEIVED I-956F RECEIPT, INVESTORS CAN IMMEDIATELY FILE THEIR PETITIONS!
ABOUT ARCFE
ARCFE is an award-winning Regional Center first designated by the United States Citizenship and Immigration Services on March 5th, 2013 (Pre-EB-5 RIA 2022) and was redesignated under the EB-5 RIA 2022 bill on December 15th, 2022. We have assisted over 1000 clients through 14 real estate development projects, with a 100% project approval rate up to date. ARCFE has successfully raised and managed EB-5 funds and has returned EB-5 funds to all of our eligible investors.
Our priority is the investors’ success in achieving their American Dream of becoming permanent residents and enjoying the benefits the United States has to offer. We ensure that the services we provide will always put investors’ interests above anything else. As a company that is immigrant built, we believe in the extraordinary talents that new generations of immigrants could bring to this country, and we want to provide an opportunity for the next generations to explore their full potentials in a prosperous environment.
FIND YOUR AMERICAN DREAM WITH US.
New York Office
28-07 Jackson Ave, 8th Floor, LIC, NY 11101
212-889-5333
info@arcfe.com