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Original Date Announced
October 23, 2025DHS issued a notice and request for comments on revisions to the fee structure of the Employment-Based Immigration, Fifth Preference (EB-5) program. DHS states that the changes seek to “provide USCIS with 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." The proposal reduces most EB-5 fees paid by applicants to USCIS, establishes a USCIS EB-5 technology fee, codifies the EB-5 Integrity Fund fees and penalties, and creates new information-collection forms.
Comments are due on December 22, 2025.
Trump 2.0 [ID #2038]
2025.10.23 DHS Notice of Proposed Rulemaking - EB-5 Fee RuleSubsequent Trump and Court Action
August 19, 20252025.08.19 USCIS PA-2025-16 - Clarifying Discretionary Factors in Certain Immigration Benefit Requests
USCIS announced that it is issuing updated policy guidance regarding the factors that officers may consider in certain benefit requests cases involving discretionary analysis. In particular, the update provides that any connections to "anti-American" or "antisemitic" activities are assigned significant negative weight. It also states that a relevant factor is whether the noncitizen's application for admission or parole was made in accordance with all laws, regulations, and policies in effect at the time. It further explains that an exercise of discretion in employment-based cases is limited to cases where the noncitizen is seeking a national interest waiver; clarifies how discretion is applied to certain EB-5 cases involving national-interest concerns or misconduct; and confirms that USCIS applies discretion when adjudicating requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status, and in certain employment authorization requests.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: Immigrant Visas: Employment-BasedAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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