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1h ago

Court Stay Rolls Back EB-5 Visa Fees as USCIS Reverts to Pre-2024 Rates

USCIS is accepting the earlier fee schedule after a Colorado ruling found the 2024 increases unauthorized under the EB-5 statute.

The US District Court has temporarily stopped higher fees for the EB-5 visa program, allowing USCIS to process applications under previous lower rates.
Washington, DC, USA - September, 16, 2019: Letter (Envelope) from USCIS ans flag of USA in hand on green blurred background. Close up view.
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Overview

  • On November 12, the U.S. District Court for the District of Colorado in Moody v. Noem stayed enforcement of the 2024 USCIS Fee Rule as applied to EB-5 filings.
  • USCIS instructed applicants to pay according to the “Current Fee” schedule that was in effect until March 31, 2024.
  • Only petitions postmarked on or before November 26, 2025 will be accepted with the previously higher amounts, with later filings required to use the reduced fees.
  • Fees reverted substantially, including Form I-526 dropping to $3,675 from $11,160 and Form I-956F returning to $17,795 from $47,695.
  • DHS and USCIS said they disagree with the ruling but are implementing it, and DHS has a new fee proposal based on a 2025 study open for public comment through December 22, 2025.