Particle.news
Download on the App Store
3 ARTICLES
·
8h ago

Federal Court Halts EB-5 Fee Hikes, USCIS Reverts to Pre-2024 Rates

USCIS is taking filings at the earlier rates with a November 26 postmark cutoff for submissions that used the higher fees.

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.
Image
Image

Overview

  • On November 12, the U.S. District Court for the District of Colorado stayed the 2024 USCIS Fee Rule for the EB-5 program in Moody v. Noem.
  • Judge Charlotte N. Sweeney found the EB-5 fee increases inconsistent with the Administrative Procedure Act and the EB-5 Reform and Integrity Act of 2022.
  • Key fees have dropped back to pre-April 2024 levels, including Form I-526 returning to $3,675 and Form I-956F reverting to $17,795.
  • USCIS said it will accept payments at the schedule in effect through March 31, 2024, and warned that filings after November 26 must use the reduced amounts or risk rejection.
  • DHS and USCIS said they disagree with the ruling but are implementing it, and a separate proposed fee adjustment is out for public comment through December 22, 2025.