Good News for EB-5 Investors: USCIS Fees Drop After Court Ruling
There’s big news in the EB-5 world, and it brings a welcome bit of relief. A recent federal court decision has stopped USCIS from moving forward with its 2024 fee increases, bringing back the older, much lower, EB-5 filing fees for new applications going forward. For families planning their U.S. immigration journey, now is the time to make sure your petitions are ready for filing.
What Happened?
On November 17, 2025, a U.S. District Court paused USCIS’s plan to raise EB-5 filing fees. The judge said USCIS moved too quickly and did not follow the rules. The agency had boosted the I-526/I-526E fees before completing the detailed fee study that Congress required, which put them in violation of both the Administrative Procedure Act and the EB-5 Reform and Integrity Act.
Current Fees Back in Effect
Thanks to the court’s ruling, EB-5 investors are once again paying the older, more affordable fees. Here’s the updated breakdown of the April 2024 fees compared to the older fees which we will be using from this point.
| Form | Current Fee | April 2024 Fee | Difference |
|---|---|---|---|
| I-526 / I-526E | $3,675 | $11,160 | $7,485 less |
| I-829 | $3,750 | $9,525 | $5,775 less |
What We Still Don’t Know
The court didn’t address everything. Two major questions remain open:
- Will investors who already paid the higher fees get refunds?
USCIS has not provided any guidance yet. However it is unlikely as it would create an accounting and bureaucratic mess. - Will any alternate or reduced fees automatically take effect?
The ruling doesn’t clarify this, so for now, the restored fees are what apply.
With the fee landscape shifting again, many families are understandably looking for clarity. Our team of EB5 lawyers in Dubai have been actively educating the public about what the court ruling means and how families can take advantage of the temporary return to lower fees.
Our team continues to:
- Break down EB-5 updates in simple, accessible language
- Help families choose the best filing time
- Prepare investors for potential fee changes in late 2025
- Guide clients through the entire EB-5 process with confidence
When rules change quickly, having experienced advisors makes all the difference.
