Federal Court Overturns EB-5 Fee Increases: Fees Revert to Pre-2024 Levels
November 2025 federal court ruling declared USCIS EB-5 fee increases unlawful, immediately reverting I-526E to $3,675. Victory for industry advocacy.
In a major victory for the EB-5 industry, a federal court ruled that USCIS unlawfully increased EB-5 filing fees in April 2024. Fees reverted to pre-April 2024 levels within 48 hours.
The Fee Rollback
The fee rollback, effective November 14, 2025, brought immediate and substantial relief across the board. For investors, the I-526E filing fee dropped from $11,160 back to $3,675 (plus the $1,000 Integrity Fund fee), and the I-829 condition removal fee fell from $9,525 to $3,750. Regional centers saw equally dramatic reductions. The Form I-956 designation fee plummeted from $47,695 back to $17,795, and the I-956F project approval fee saw the identical rollback. Even the annual I-956G reporting fee dropped from $4,470 to $3,035.
The Legal Argument That Won
The AIIA lawsuit (Moody et al v. Mayorkas et al) argued that the RIA required USCIS to complete a comprehensive fee study by March 2023 before implementing any EB-5 fee changes. USCIS didn't complete that study until February 2024—nearly a year late. Then, just two months later, the agency implemented massive fee increases. The court ruled this violated both the Administrative Procedure Act and the Reform and Integrity Act.
Act Now: The Filing Window
Between November 2025 and spring 2026, investors have a limited window to file at the lowest fees EB-5 has seen in years. The total I-526E cost currently stands at just $4,675 including the Integrity Fund fee—less than half the eventual expected cost once USCIS finalizes its new fee schedule. Regional centers face a similar window, with I-956 and I-956F filings at $17,795 before an expected increase to somewhere between $25,000 and $35,000 in spring 2026. If you're serious about EB-5, this window represents meaningful cost savings that won't last.