USCIS Dramatically Increases EB-5 Filing Fees—Then Loses in Federal Court
EB-5 fees jumped 200% in April 2024 when USCIS raised I-526E costs to $11,160. A federal court later ruled the increases unlawful and reversed them in November 2025.
On April 1, 2024, EB-5 investors woke up to sticker shock. USCIS implemented fee increases ranging from 47% to 204% across all EB-5 application types. But nineteen months later, a federal court ruled the increases unlawful.
The April 2024 Increases
The fee hikes hit investors hard. The Form I-526/I-526E filing fee jumped from $3,675 to $11,160, a staggering 204% increase. The Form I-829 condition removal fee rose from $3,750 to $9,525, representing a 154% increase. The $1,000 Integrity Fund fee was the only charge that remained unchanged. Regional centers bore equally steep increases. The Form I-956 designation fee climbed from $17,795 to $47,695, and the Form I-956F project approval fee saw the same jump—both representing 168% increases that threatened to price smaller operators out of the market.
USCIS's Rationale: Full Cost Recovery
The agency argued that EB-5 processing was being subsidized by premium processing fees paid by applicants in other visa categories. Under the new "full cost recovery" model, each immigration benefit should cover its own adjudication costs. USCIS pointed to growing backlogs requiring additional staffing, complex adjudications demanding specialized expertise, and below-market wages paid to adjudicators relative to the private sector. While the reasoning had some merit in principle, the magnitude of the increases and the manner in which they were implemented became the focus of legal challenge.
The November 2025 Court Ruling
On November 12, 2025, a federal court sided with the American Immigrant Investor Alliance (AIIA), ruling that USCIS had violated statutory requirements by implementing fees before completing the mandated fee study. The impact was immediate and sweeping. Fees reverted to pre-April 2024 levels within 48 hours. I-526E applications dropped back to $3,675 plus the $1,000 Integrity Fund fee. Regional center fees fell to $17,795 for both I-956 and I-956F filings. USCIS updated its website on November 14 to reflect the rollback, and investors who had been on the fence suddenly had a compelling financial reason to act.
What's Coming Next
USCIS published a proposed fee rule in October 2025 with more modest increases. The expected fee levels, while not yet final, suggest the I-526E will likely land in the $6,000 to $8,000 range. Regional center forms I-956 and I-956F are expected to settle between $25,000 and $35,000, and the I-829 will likely cost between $5,000 and $7,000. The window for $3,675 I-526E fees is limited. If you're serious about EB-5, the time to gather your documentation and file is now.