John Burson  edited Tuesday, November 18, 2025

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EB-5 Fee Update: Court Reinstates Lower Fees as New Changes Loom for December 2025

Federal court rolls back April 2024 fee increases, but new changes are proposed for December 2025

Major Relief on EB5 Filing Fees for EB-5 Investors as Federal Court Reverses Fee Increases

In a significant development for the EB-5 Immigrant Investor Program, a federal court decision has rolled back substantial EB5 fees increases that took effect in April 2024. The ruling in Moody et al v. Mayorkas et al reinstates the previous, lower fee structure, providing immediate financial relief to investors and regional centers. However, this reprieve may be temporary, as the Department of Homeland Security (DHS) has proposed a new fee schedule set to take effect in December 2025.

Current Fee Structure Reinstated

Following the court's decision, U.S. Citizenship and Immigration Services (USCIS) has confirmed that the pre-April 2024 fees are now legally in effect. The most significant change affects Form I-526E, the petition filed by immigrant investors participating in regional center projects, which has been reduced from $11,160 back to $3,675 (plus the $1,000 Integrity Fund fee).

Complete Fee Comparison

Form	Current Fee (Reinstated)	April 2024 Fee (Stayed)	Proposed December 2025 Fee
I-526/I-526E (Immigrant Petition)	$3,675	$11,160	$9,625
I-829 (Remove Conditions)	$3,750	$9,525	$7,860
I-956 (Regional Center Designation)	$17,795	$47,695	$28,895
I-956F (Investment Approval)	$17,795	$47,695	$29,935
I-956G (Annual Statement)	$3,035	$4,470	$2,740

Note: I-526E fees include an additional $1,000 EB-5 Integrity Fund fee

What This Means for Current Applicants

Immediate Impact:

Investors and regional centers filing applications as of today should use the reinstated lower fee schedule. USCIS is currently accepting filings with either the lower reinstated fees or the higher April 2024 fees during a transition period while the agency updates its systems and official publications.

The decision affects all EB-5-related forms, providing substantial savings across the board. For instance, regional centers seeking designation or investment approval will see their filing fees reduced from $47,695 to $17,795—a savings of nearly $30,000 per application.

Outstanding Questions:

Immigration practitioners are still seeking clarification on whether biometric services fees are required again for I-829 petitions to remove conditions on permanent residence. This detail should be clarified as USCIS updates its guidance materials.

Looking Ahead: Proposed December 2025 Changes

While the current fee reduction offers welcome relief, stakeholders should be aware that change is on the horizon. On October 23, 2025, DHS published a Notice of Proposed Rulemaking (NPRM) that proposes a middle-ground fee structure set to take effect in December 2025.

Notably, the proposed fees represent a reduction from the April 2024 levels that were just stayed by the court, though they remain higher than the currently reinstated fees. For example, the proposed I-526E fee of $9,625 is substantially lower than the $11,160 charged from April to November 2024, but still significantly higher than the current $3,675 fee.

Public Comment Period

The public comment period for the proposed rule closes on December 22, 2025. This presents an opportunity for investors, regional centers, immigration attorneys, and other stakeholders to provide input on the proposed fee structure. Because these are still proposed regulations, the final fee amounts may be adjusted based on public feedback before implementation.

Strategic Considerations for EB-5 Participants

For Prospective Investors:

Those considering EB-5 investment should be aware that the current favorable fee structure may be temporary. While the proposed December 2025 fees are lower than the April 2024 rates, they still represent a significant increase over current levels. Investors who are prepared to file may benefit from submitting applications under the current fee schedule.

For Regional Centers:

Regional centers should review their fee structures and client communications to reflect the current fee schedule. Additionally, centers seeking new designations or investment approvals may want to consider timing their applications strategically, given the potential fee changes ahead.

For I-829 Petitioners:

Individuals approaching their conditional permanent residence removal deadline should proceed with filing under the current lower fees. The reduced fee from $9,525 to $3,750 represents substantial savings for families removing conditions on their green cards.

Flexibility During Transition

USCIS has demonstrated flexibility during this transition period by accepting applications filed with either fee amount. This approach acknowledges the practical challenges of rapidly adjusting to fee changes and ensures that applications are not rejected due to fee confusion during the transition period.

Applicants should, however, use the lower fee amount when possible to avoid unnecessary expenses. Those who have already submitted applications with the higher April 2024 fees will have their applications accepted, though refunds for the difference have not been announced.

The Broader Context

This fee volatility reflects ongoing debates about immigration system funding and cost recovery. The April 2024 fee increases were intended to align filing fees more closely with the actual costs of processing EB-5 applications. However, the dramatic increases faced significant pushback from the investment community, leading to the legal challenge that resulted in the current court decision.

The proposed December 2025 fee schedule appears to represent a compromise position—recognizing the need for increased revenue to support program operations while moderating the extent of fee increases to maintain program accessibility and competitiveness in the global market for immigrant investors.

Recommendations

For those planning to file EB-5 petitions:

1. Act on current opportunities: The reinstated lower fees create a favorable window for filing applications
2. Monitor developments: Stay informed about the final rule publication and implementation date
3. Consult with experienced counsel: Given the complexity of fee changes and potential timing strategies, work with immigration attorneys familiar with EB-5 requirements
4. Prepare comprehensive applications: Regardless of fee amounts, focus on submitting complete, well-documented petitions to avoid delays or denials

For stakeholders in the public comment process:

Consider submitting comments on the proposed rule by the December 22, 2025, deadline if you have concerns about the proposed fee structure or its potential impact on program participation.

Conclusion

The reinstatement of pre-April 2024 EB-5 fees provides a welcome reprieve for investors and regional centers, creating a temporary window of opportunity with significantly lower filing costs. However, participants in the EB-5 program should remain vigilant as new fee changes are proposed for December 2025.

While the proposed fees represent a more moderate increase than the April 2024 schedule, they still signal higher costs ahead for program participants. Those ready to proceed with EB-5 applications may benefit from acting during this current period of lower fees, while remaining aware that the immigration landscape continues to evolve.

As always, successful EB-5 participation requires not only strategic timing but also careful attention to program requirements, thorough documentation, and compliance with all regulatory requirements. Working with experienced immigration counsel can help navigate both the current fee environment and the substantive requirements of this complex investment immigration program.

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This article is for informational purposes only and does not constitute legal advice. EB-5 investors and regional centers should consult with qualified immigration attorneys for guidance specific to their circumstances.

 
 
 

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