A federal court in Colorado recently issued an important ruling affecting EB-5 investors and regional centers. On November 12, the court ruled that USCIS had prematurely raised EB-5 filing fees in April 2024. Under the Reform and Integrity Act, Congress required the agency to complete a detailed fee study before adjusting EB-5 fees.
As a result, USCIS has reinstated the pre-April 2024 fee schedule, effective immediately. Filings such as the Form I-526E may again be submitted at $3,675, and Form I-829 filings at $3,750, with similar adjustments for regional center filings. USCIS will only accept the higher 2024 fees for filings postmarked on or before November 26, 2025. After that date, any filing that includes the higher amounts will be rejected.
While the court’s ruling is significant, it does not bring an end to the litigation. The stay remains in place while the case proceeds, and a joint status report is expected early next year. USCIS has also completed its fee study and issued a proposed rule that, once finalized, is expected to increase EB-5 fees again. This means the current reduced-fee window may be limited.
For investors, the main takeaway is clear: if you are planning to file soon, you may benefit from the lower fees now in effect. Advisors, on the other hand, should remember that the fee situation is still changing. Refund details are not yet clear, and USCIS may update its systems and guidance in the next few weeks.
As always, our focus is on helping clients navigate these changes with clear information and support. The EB-5 program remains grounded in statute, and the procedural steps around fee setting do not affect its underlying structure or viability. We are following the developments closely and will continue to share updates as the fee schedule moves toward its final form.
If you or your clients are preparing an EB-5 filing, we can help you assess timing and structure your approach in light of the current fee landscape.
Ganey Law Group is a Washington D.C.-based private client immigration firm representing entrepreneurs, investors, and global families. We specialize in EB-5 investor visas, L-1A intracompany transfers, O-1 extraordinary ability petitions, and strategic immigration planning for high-net-worth clients and their advisors.
