Court Strikes Down EB5 Fee Increases

A federal district court has ruled that the substantial fee increases for EB5 immigrant investor applications implemented in April 2024 were unlawful. The court found that U.S. Citizenship and Immigration Services (USCIS) raised fees without completing a mandatory fee study required by the EB5 Reform and Integrity Act of 2022 (RIA). As a result, the fees related to EB5 filings have been reduced.

Significant Fee Reductions

The court’s ruling immediately restores the previous fee structure for EB5 cases. The general filing fee for form I-526E, the initial petition filed by regional center investors, and form I-526, the initial petition filed by nonregional center investors, drops from $11,160 to $3,675. The fee for form I-829, used to remove conditions on permanent residency, reverts from $9,525 to $3,750.

Regional centers stand to benefit even more than investors. Form I-956, used to request status as a regional center, and form I-956F, which is used by regional centers to apply for approval of a project, see their filing fees drop from $47,695 to $17,795.

Relief May Be Temporary

As reported in the MurthyDotCom NewsBrief, USCIS Proposes Rule to Reduce EB5 Filing Fees, the USCIS issued a proposed rule on 23.Oct.2025 that would change the filing fees for nearly all EB5 related forms. If implemented, the proposed fees would be higher than the fees now in place, following the court order.

Conclusion

The court’s decision to strike down the April 2024 fee increases provides immediate financial relief to EB5 program participants and reinforces that immigration agencies must follow statutory procedural requirements when adjusting fees. Investors considering the EB5 program can file petitions now at the substantially lower pre-April 2024 fee levels, though they should be aware that fees may change again once the USCIS completes proper rulemaking procedures. Those who paid higher fees since April 2024 should consult with immigration counsel about potential options for recovering overpaid amounts.

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