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2w ago

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

The agency is following the Colorado court order despite disputing it, with a new fee proposal under public review through December 22.

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, 2025, the U.S. District Court for the District of Colorado stayed enforcement of the 2024 USCIS Fee Rule for the EB-5 program in Moody v. Noem.
  • USCIS says it is immediately accepting the lower, pre–April 1, 2024 fees, and it will accept filings with the higher fees only if postmarked on or before November 26.
  • Key reductions include I-526/I-526E returning to $3,675 from $11,160, I-829 to $3,750 from $9,525, and I-956/I-956F to $17,795 from $47,695.
  • Judge Charlotte N. Sweeney found the 2024 increases inconsistent with the Administrative Procedure Act and the EB-5 Reform and Integrity Act, citing the absence of a required fee study.
  • DHS has issued a proposed fee adjustment based on a February 2025 study that is open for public comment until December 22, and legal advisers note those who paid higher fees since April 2024 can consult counsel about potential refunds.