Client Alert!
In a major win for EB-5 investors, regional centers, and project developers, a federal court has struck down the 2024 USCIS fee increases—immediately restoring all EB-5 filing fees to their pre-April 2024 levels. The decision stems from litigation brought by the American Immigrant Investor Alliance (AIIA), which argued that USCIS raised fees without completing the EB-5 fee study required under the EB-5 Reform and Integrity Act (RIA) of 2022.
Effective immediately, EB-5 investors benefit from significantly lower filing costs—likely through at least the end of 2025.
Why the Fee Increases Were Rejected
On April 1, 2024, USCIS implemented substantial fee hikes, including:
- Form I-526E: $3,675 → $11,160
- Form I-956F: $17,795 → $47,695
- Form I-829: $3,750 → $9,525
However, the RIA requires a formal EB-5 fee study before any adjustments. USCIS did not complete that study until February 2025, almost a full year after implementing the increases. The court ruled that the agency exceeded its authority, invalidating the 2024 fee rule.
The original, lower fees are now back in effect and will remain in place until DHS finalizes a new rule—unlikely before late 2025.
Impact for EB-5 Investors: Lower Costs and a Unique Filing Window
1. Substantial Cost Savings—Available Right Now
Filing today saves an investor over $13,000 throughout the EB-5 process:
- I-526E savings: ~ $7,500
- I-829 savings: ~ $5,800
These savings are especially meaningful for families budgeting for EB-5 or comparing the program to other immigration pathways.
2. A Prime Opportunity to Secure a Priority Date
With reduced costs, visa availability in many categories, and a stable processing environment, this ruling creates a strategic window for:
- Investors who were waiting to file
- Families still completing source-of-funds documentation
- Individuals in uncertain nonimmigrant categories (H-1B, F-1/OPT, L-1, etc.)
Filing now protects your place in line before fees inevitably rise again.
Why Investors Should Act Now
The EB-5 landscape rarely aligns this favorably. Today’s environment offers:
- The lowest fees in years
- Stable USCIS adjudication patterns
- High-quality project availability ahead of 2025 filing demand
Waiting until 2026 may mean:
- Much higher filing fees
- Longer adjudication times
- Increased global demand
- Reduced access to top-tier project inventory
What Happens Next?
- DHS has already released a new proposed fee rule (public comment period closes December 22, 2025).
- The proposed fees are lower than the invalidated 2024 increases but significantly higher than the restored rates.
- A final rule likely will not take effect until late 2025 or early 2026.
- AIIA has initiated a class action seeking refunds for investors and regional centers who paid the unlawful fees between April 2024 and November 2024.