EB-5 Visa Fee Ruling: US Court Blocks Steep USCIS Hike
EB-5 Visa Fee Ruling Brings Major Relief as Court Strikes Down 2024 USCIS Increases
EB-5 Visa: In a landmark development for international investors, a federal court ruling has temporarily stopped substantial fee hikes under the EB-5 immigrant investor program, dramatically lowering the financial burden on thousands of people pursuing permanent residency in the United States.
The ruling, issued on November 12, 2025, by the US District Court for the District of Colorado in Moody v. Noem, prevents the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) from enforcing the steep increases introduced in the 2024 USCIS Fee Rule.
The EB-5 Visa Fee Ruling restores the pre-April 2024 fee structure—meaning investors and regional centers can once again file applications at a fraction of the cost.
EB-5 Visa: Why the Court’s Move Matters
At the heart of the case is a crucial legal interpretation: the judge determined that the EB-5 Reform and Integrity Act of 2022 did not give DHS the authority to drastically alter EB-5 fees in the manner it attempted.
The halted rule had taken effect on April 1, 2024 and dramatically raised filing fees—some by more than 300%. Investors, regional centers, and immigration attorneys argued that the increases were excessive, burdensome, and unlawfully implemented.
With the fee rule now on hold, USCIS has reverted to the earlier, much lower fee schedule, giving green card aspirants instant financial relief.
Visa Fee Ruling Changes
USCIS has confirmed that effective immediately, all EB-5 forms must be filed under the “Current Fee” schedule, which reflects pre-April 2024 amounts.
The fee rollback is significant. For example:
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Form I-526 / I-526E (investor petitions) drops from $11,160 to $3,675
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Form I-829 (removal of conditions) falls from over $9,500 to $3,750
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Regional center designation forms (I-956) fall from nearly $48,000 to $17,795
These reductions reopen the door for many investors who were priced out earlier this year.
USCIS also clarified that it would only accept the higher pre-ruling fees for petitions postmarked on or before November 26, 2025. Any filings after that date must match the newly restored lower amounts or risk rejection.
EB-5 Visa: USCIS Responds – Compliance With Reservations
In a formal advisory, USCIS stated:
“In accordance with the November 12 order, and effective immediately, USCIS will accept the fees that were in effect until March 31, 2024.”
The agency was candid about its disagreement with the decision, noting that “DHS and USCIS believe the Court’s decision is incorrect but are working to implement it.”
For now, agency staff have begun processing new EB-5 applications under the reduced cost structure, even as DHS reviews its options for revised rulemaking in the months ahead.
Revised Fee Structure at a Glance
| EB-5 Form | Restored Fee | Previously Increased Fee |
|---|---|---|
| I-526 (Standalone Investor) | $3,675 | $11,160 |
| I-526E (Regional Center Investor) | $3,675 | $11,160 |
| I-829 (Remove Conditions) | $3,750 | $9,525 |
| I-956 (Regional Center Designation) | $17,795 | $47,695 |
| I-956F (Project Approval) | $17,795 | $47,695 |
| I-956G (Annual Statement) | $3,035 | $4,470 |
Law firms tracking the ruling note that investors who paid the significantly higher fees since April 2024 may be eligible to explore refund or reimbursement options, depending on future DHS guidance.
According to Murthy Law Firm, the EB-5 Visa Fee Ruling “provides immediate financial relief to EB-5 programme participants and reinforces that immigration agencies must follow statutory procedural requirements when adjusting fees.”