A recent federal court ruling has halted significant fee hikes for the EB-5 immigrant investor program, giving relief to foreign nationals seeking U.S. permanent residency through investment. The EB-5 pathway grants green cards to individuals who invest in U.S. businesses that generate American jobs.
Why This Matters
The decision blocks the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from enforcing the higher fees listed in the 2024 USCIS Fee Rule.
As a result, all EB-5-related costs revert to older, much lower rates—offering immediate financial relief to investors and regional centers participating in job-creation initiatives.
USCIS spokesperson Matthew Tragesser commented to Newsweek:
“The SAVE program is an essential tool for state and local officials verifying citizenship and evaluating eligibility for public benefits. The court’s ruling to deny the plaintiff’s request for a stay is a positive outcome for the American public.”
Key Background
On November 12, 2025, the U.S. District Court for the District of Colorado issued a ruling in Moody v. Noem, blocking DHS from applying the increased EB-5 fees outlined in the 2024 rule.
The court determined that the EB-5 Reform and Integrity Act of 2022 did not grant DHS the authority to adjust EB-5 program fees in the way the new regulation attempted. The fee rule had originally taken effect on April 1, 2024.
With the ruling, USCIS must now revert to the pre-April 2024 fee structure.
For example:
- Form I-526 (Standalone Investor Petition) has been reduced from $11,160 back to $3,675.
- Similar rollbacks apply across multiple EB-5 forms and filings.
Petitions postmarked up to November 26, 2025, may still reflect the rescinded higher fees, but anything filed after that date must follow the reduced fee schedule. Updated forms and rates are available directly through USCIS.
Public Response
USCIS issued clear instructions following the ruling:
“Effective immediately, USCIS will accept the fees that were in place up to March 31, 2024.”
The agency advised all applicants to refer to the “Current Fee” chart rather than the rescinded “Previous Fee” column.
Although USCIS confirmed compliance, the agency made its disagreement with the ruling clear:
“DHS and USCIS believe the Court’s decision is incorrect but are working to implement it,” the agency stated.
The American Immigrant Investor Alliance (AIIA), a leading EB-5 investor advocacy group, celebrated the ruling:
“On November 12, 2025, we secured a victory in federal court regarding EB-5 petition fee increases introduced on April 1, 2024. AIIA continues to hold the U.S. Government accountable on behalf of investors.”
What’s Next for EB-5 Applicants
For now, investors benefit from reduced filing fees and simplified access to the program. All EB-5 petitions must use the reinstated pre-2024 rates unless USCIS issues new regulations.
While DHS and USCIS may pursue further legal options or consider future rulemaking, the lower fee structure remains in effect until any new changes are introduced.
Applicants should stay updated through the USCIS newsroom and consult qualified immigration attorneys for personalized guidance.
