Not legal advice. This page provides general information about immigration law in California. It is not legal advice. Consult a licensed attorney for your specific situation.

California Costs & Fees

The total cost goes beyond the investment amount. Understand all the fees involved.

The total cost of an EB-5 case includes the investment ($800K or $1.05M), USCIS filing fees ($3,675-$4,675 for I-526/I-526E), regional center administrative fees ($50,000-$80,000+), legal fees, and document preparation costs. Total out-of-pocket costs typically exceed $900,000 for TEA projects.

Legal Information — Not Legal Advice: This page provides general information about California immigration law. It is not legal advice. Consult a licensed attorney before making legal decisions.

The total cost of an EB-5 case includes the investment ($800K or $1.05M), USCIS filing fees ($3,675-$4,675 for I-526/I-526E), regional center administrative fees ($50,000-$80,000+), legal fees, and document preparation costs. Total out-of-pocket costs typically exceed $900,000 for TEA projects.

Overview

The total cost of an EB-5 case includes the investment ($800K or $1.05M), USCIS filing fees ($3,675-$4,675 for I-526/I-526E), regional center administrative fees ($50,000-$80,000+), legal fees, and document preparation costs. Total out-of-pocket costs typically exceed $900,000 for TEA projects.

This page provides detailed legal information about eb-5 costs and fees as it applies to permanent residents in the United States. Understanding the requirements, deadlines, and procedures ensures your immigration status remains secure. All content is authored by Jayson Elliott, J.D., a California-licensed attorney, and is current as of April 2026.

U.S. Citizenship and Immigration Services manages green-card renewal and replacement. The process is generally straightforward, but complications appear with criminal-record entries, conditional residency, lost or stolen cards, and pending naturalization applications. A working understanding of requirements, processing times, and risk areas keeps the case moving and protects your status while you wait.

What to do about eb-5 costs and fees

Determine which form to file. Most EB-5 investments and replacements use Form I-90. Conditional residents must use Form I-751 or I-829 instead. Filing the wrong form causes automatic rejection.
Gather your documents. Collect your current or expired EB-5 visa (or police report if stolen), a valid government-issued photo ID, and any supporting evidence specific to your situation (name change documents, error correction evidence, etc.).
File online or by mail. Online filing ($415) provides immediate confirmation and faster processing. Paper filing ($465) must be mailed to the USCIS Phoenix lockbox with proper fee payment.
Save your receipt notice. The I-797C receipt notice extends your card validity for 36 months. Carry it with your expired card at all times as proof of status, work authorization, and travel authorization.
Attend biometrics if scheduled. Bring the appointment notice and a valid photo ID. Missing the appointment can delay processing or result in denial.
Track your case and update your address. Monitor your case at uscis.gov/casestatus. If you move, update your address immediately using Form AR-11 or your USCIS online account.
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Your Rights Under California Law

Permanent residents have substantial rights under federal law.

Right to continued status

Your status as a permanent resident does not lapse with your card. The card is documentation of LPR status; the status itself is not on the card. Status ends only when it’s formally taken — abandonment, removal, or rescission.

Right to work

An expired EB-5 visa with a valid I-90 receipt notice remains acceptable proof of employment authorization. Employers cannot require reverification or refuse to accept this documentation.

Right to travel

An expired card and the I-797C receipt notice are sufficient for international travel and reentry. For absences longer than one year, file Form I-131 for a reentry permit before departure to keep status secure.

Key statute

8 CFR § 264.5 — Establishes the requirement for permanent residents to maintain valid proof of status and the process for replacing the Permanent Resident Card.

How California Law Applies

Renewal is authorized by the Immigration and Nationality Act and operationalized through 8 CFR § 264.5. USCIS evaluates Form I-90 filings on identity, prior permanent-resident status, and any disqualifying issues.

The 36-month receipt extension — effective September 10, 2024 — replaced the earlier 24-month and 12-month frameworks. Properly filed I-90 renewals receive the extension automatically, which preserves work authorization and travel privileges through the renewal period.

Conditional residency is handled under separate statutory provisions. INA § 216 (marriage-based) and INA § 216A (investor-based) require petitions to remove conditions, filed within the 90-day window before the conditional card’s expiration.

The Legal Process

Renewal starts with Form I-90, filed either online through uscis.gov or by mail to the Phoenix lockbox. After USCIS accepts the filing, it issues an I-797C receipt notice that serves as proof of status while the renewal is pending.

Processing typically runs 8 to 14 months depending on USCIS workload and the assigned service center. Premium processing isn’t offered for Form I-90. Applicants can track case status online using the receipt number.

What Documentation Matters

Key documents for EB-5 investment include:

  • Current or expired EB-5 visa — Front and back copy. If lost, submit a police report or written explanation.
  • Government-issued photo ID — Passport, driver’s license, or state ID with name, date of birth, photo, and signature.
  • Filing fee — $415 online or $465 by mail. Fee waivers available with Form I-912.
  • Name change evidence — If applicable: marriage certificate, divorce decree, or court order with certified English translation if in a foreign language.
  • Form I-797C receipt notice — After filing, save this document. It extends your card’s validity for 36 months.

Frequently Asked Questions

How long does eb-5 costs and fees processing take?

Workload at USCIS pushes processing times into the 8-to-14-month range. The receipt notice automatically extends card validity by 36 months, giving you continued proof of LPR status during the wait.

Can I file Form I-90 online?

Yes. The online filing fee at uscis.gov is $415 and includes immediate confirmation, faster processing, and online tracking. Paper filings cost $465 and must go to the Phoenix lockbox.

What if USCIS denies my renewal?

When denials happen, the reason is usually incomplete forms, missing documents, or unpaid fees. Correct and refile. If the denial concerns a substantive issue — a criminal record that bears on status, for example — consult an attorney before refiling.

Do I need a lawyer to renew my EB-5 visa?

Routine renewals are usually fine without counsel. Attorney involvement helps in cases with criminal-history issues, prolonged time outside the U.S., conditional-status complications, or other complexity — the kinds of factors that drive denials and delays.

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Jayson Elliott, J.D.
Jayson Elliott, J.D.
Bay Legal PC · CA Bar No. 332479

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