DHS Announces New Immigration Fees: How the One Big Beautiful Bill Act Impacts Your E-2 Visa
DHS's new immigration fees under the One Big Beautiful Bill Act could raise E-2 visa costs. What foreign and Canadian investors should do before prices rise.
By Buying America Editorial · Sat Jul 25 2026 · Visas & Immigration
On April 28, 2026, the Department of Homeland Security (DHS) published an interim final rule to implement new immigration fees and requirements arising from the H.R. 1 Reconciliation Act of 2025, known as the One Big Beautiful Bill Act. This is the first significant change to the USCIS fee structure in years, and it has direct implications for any foreign or Canadian entrepreneur planning an E-2, E-1, or other immigration petition in the coming months.
What the One Big Beautiful Bill Act is and why it matters
The H.R. 1 Reconciliation Act was passed by Congress in 2025 as part of a budget reconciliation package. Among its provisions are:
- Adjustments to USCIS petition fees for nonimmigrant and immigrant visas.
- New funding requirements intended to make the immigration system sustained by the fees charged to applicants, reducing dependence on taxpayer funds.
- Possible surcharges for priority processing and expedited services.
The DHS interim rule is the mechanism through which these legislative provisions become the operational fees you will pay when filing your petition.
Specific impact on the E-2 visa
For the treaty investor filing an E-2 petition, the changes may materialize in several ways:
- Increase in the petition fee (I-129). The base fee has been $460. The new rule could raise it significantly, aligning it with the real cost of processing according to USCIS.
- Form I-526/I-526E fee (if you consider EB-5 as an alternative route). The One Big Beautiful Bill includes adjustments to immigrant investor petition fees.
- Asylum Program fee. An additional fee of $600 per petition already funds the asylum program. This could rise.
- Additional consular costs. The consular fee for the E-2 visa interview (the MRV fee) is also subject to periodic review by the Department of State.
What it means for you as an entrepreneur
The window of action is clear: until the interim rule becomes final, current fees remain in effect. Filing your E-2 petition now means paying under the existing fee structure. For a foreign or Canadian entrepreneur who already has capital ready and an LLC formed in a state such as Texas or Florida, the message is direct:
- Do not wait. Each month of delay can represent hundreds — potentially thousands — of additional dollars in fees.
- Structure your investment now. LLC formation, transfer of funds, and documentation of the investment take time. The sooner you start, the more certainty you have about costs.
- Consider premium processing. If the difference in time between regular and premium filing is critical to your business calendar, Form I-907 (Premium Processing) already costs $2,805. That cost could also rise.
The interim rule: opportunity and risk
Interim final rules take effect immediately upon publication but allow for a public comment period. This means:
- The new fees already apply as of the publication date.
- Public comments may lead to adjustments, but there is no guarantee of a reduction.
- While comments are resolved, you pay the fees in effect at the time of your petition.
Concrete steps if you are considering the E-2
- Form your LLC in the state that best fits your business (Texas, Florida, Wyoming, or Delaware). Each state has distinct tax and operational advantages.
- Transfer the investment capital to the LLC's US bank account. Document the source of funds — USCIS requires full traceability.
- Prepare your business plan. The E-2 requires showing that the investment is real, substantial, and will generate enough income to support the investor and their family, as well as create employment.
- File the petition. Whether via change of status in the US (Form I-129) or directly at the consulate in your country, the fees you pay will be those in effect at the time of filing.
- Do not forget the spouse. The spouse of an E-2 investor can apply for employment authorization (EAD) in the US — a benefit that does not exist in most nonimmigrant visas.
Conclusion
The One Big Beautiful Bill Act is not just political news; it is an operational change that directly affects the cost of your E-2 visa. In an environment where immigration fees are rising and capped visa categories run out faster and faster (as we saw with the H-2B), the E-2 visa remains the most predictable route for the foreign entrepreneur with investment capital. That predictability has a price, and the price is about to go up. Acting now is a financial decision, not just an immigration one.
At Buying America, we work alongside foreign and Canadian entrepreneurs to evaluate, structure, and execute their E-2 route — from forming the LLC to preparing the petition — so you can move before costs rise.
This article is general information only and not legal advice. Immigration rules, fees, and procedures change and every case turns on its own facts. Consult a licensed US immigration attorney before acting.