(UNITED STATES) A federal judge has struck down steep EB-5 filing fee increases that U.S. Citizenship and Immigration Services (USCIS) put in place on April 1, 2024, ordering a return to the earlier, lower charges with immediate effect. In a November 11, 2025 ruling, U.S. District Judge Charlotte Noelle Sweeney found the agency’s higher fees unlawful. The decision affects EB-5 investors, regional centers, and affiliated businesses nationwide and prompts USCIS to accept filings at the pre-April 2024 rates.
Court findings and legal basis
The court concluded USCIS violated Section 106 of the EB-5 Reform and Integrity Act of 2022 by increasing fees without first conducting and publishing the required “fee study.”
Judge Sweeney also determined the rulemaking behind the EB-5 filing fee hikes was “arbitrary, capricious, and not in accordance with law” under the Administrative Procedure Act.
While the order partly stayed the fee increases, the practical result is clear: applicants can file now at the prior levels, and the agency must accommodate those payments while the matter proceeds.
Key fee rollbacks (effective immediately)
- Form I-526E (immigrant petition by EB-5 investors filing through a regional center): rolled back from the April 2024 amount of $11,160 to $3,675.
- This reverses a 204% increase; the rollback saves $7,485 per petition.
- Form I-956 and Form I-956F (regional center program designation and project application): reduced from $47,695 back to $17,795.
- This erases a 168% increase and removes a nearly $30,000 per-filing burden imposed by the invalidated schedule.
- Asylum Program Fee imposed on some petitioners: removed (previously $300 or $600).
The updated costs apply to new filings of the listed forms and, according to the Department of Justice, to petitions filed today using the earlier amounts.
Operational changes at USCIS
- The Justice Department confirmed that EB-5 investors submitting Form I-526E and Form I-829 today may pay the earlier, lower filing fee amounts.
- The same applies to regional center petitions on Form I-956, Form I-956F, and Form I-956G.
- USCIS has shifted to manual processing to ensure intake systems do not reject packets labeled “incorrect fee” when applicants include the restored amounts.
- This operational change is intended to keep cases moving even as public-facing fee tables lag behind the court’s order.
Website and filing guidance
USCIS has not announced when its website and fee charts will be updated to reflect the return to pre-hike levels, though the court’s decision is already in force. That timing gap matters for filers assembling packets this week and next, as law firms and project sponsors adjust their checks, payment forms, and cover letters to the reinstated figures.
For official form pages and submission instructions, see:
– I-526E, Immigrant Petition by Regional Center Investor — Form I-526E
– I-829, Petition by Investor to Remove Conditions on Permanent Resident Status — Form I-829
– I-956, Application for Regional Center Designation — Form I-956
– I-956F, Application for Approval of an Investment in a Commercial Enterprise — Form I-956F
– I-956G, Regional Center Annual Statement — Form I-956G
For broader background on EB-5 requirements and process, USCIS maintains a program page at: EB-5 Immigrant Investor Program.
Practical implications for filers and regional centers
- Law firms and project sponsors are adjusting payment instruments and cover letters to reflect restored fees.
- VisaVerge.com notes a brief window for price-sensitive investors who paused after April 1 to re-enter the queue at far lower costs.
- Regional centers that delayed Form I-956F submissions now face a gentler cost curve while preparing offerings.
- Some market participants expect a near-term surge in filings as sponsors try to lock in the current amounts.
Important: USCIS lockbox and service centers will honor packets paid at the earlier, lawful rates during this period. Manual checks are in place to avoid wrongful rejections, but applicants should still ensure each packet matches the correct form and fee to avoid delays.
Future rulemaking and timeline
- USCIS completed a fee study and in October 2025 proposed new EB-5 fees based on that analysis.
- Even with reductions in the proposal, the revised figures would remain above the pre-April 2024 amounts now back in effect.
- Public comments on the proposal are open until December 22, 2025.
- The Department of Homeland Security expects to finalize the rule in early 2026, establishing a new, legally supported fee table.
Until the final rule is published, applicants are filing in a narrow interim period shaped by the court’s order on one side and the coming final rule on the other.
Refunds and unresolved questions
- Investors who paid the higher filing fees between April 2024 and November 2025 do not receive automatic refunds under the ruling.
- How, or whether, those overpayments can be recovered remains unresolved.
- Possible paths: follow-on litigation, a claims process, or future agency guidance — none have been announced.
- Attorneys are urging affected clients to keep proof of payment and receipts in case a formal remedy becomes available.
Related litigation and agency posture
- The Department of Homeland Security and USCIS have not indicated whether they will appeal or seek to narrow the order, focusing instead on implementing the ruling by accepting restored payments.
- A separate lawsuit by regional centers and Invest in the USA in the U.S. District Court for the Northern District of Texas is still pending and could influence future steps and potential remedies for past payments.
Bottom line
- The judge’s ruling has reset the EB-5 filing fee landscape to the pre-April 2024 baseline, and USCIS is processing cases under that standard for now.
- The relief is temporary: a new fee rule is expected after the ongoing rulemaking concludes in early 2026.
- Filers should:
- Confirm the correct form and fee before submission.
- Retain payment documentation if they paid the higher fees.
- Monitor the public comment deadline (December 22, 2025) and the eventual final rule.
For the official EB-5 program overview and detailed filing instructions, refer to USCIS’s program page: EB-5 Immigrant Investor Program.
Frequently Asked Questions
This Article in a Nutshell
On November 11, 2025, U.S. District Judge Charlotte N. Sweeney found USCIS’s April 1, 2024 EB-5 fee increases unlawful for failing to complete a required fee study and acting arbitrarily under the Administrative Procedure Act. The ruling immediately restores prior fees—I-526E to $3,675 and I-956/I-956F to $17,795—and USCIS is accepting filings at those amounts, using manual processing to prevent wrongful rejections. Public comment on a proposed new fee rule runs through December 22, 2025, with finalization expected in early 2026.
