A major shift has taken place in the EB-5 world. On November 12, 2025, a federal court ruled that USCIS had unlawfully raised EB-5 filing fees in 2024 because it failed to complete the fee study required under the EB-5 Reform and Integrity Act of 2022.
Following this decision, USCIS has reverted to the pre-April 2024 fee schedule, and these lower fees are now in effect.
This change impacts everyone in the EB-5 ecosystem: investors, regional centers, project developers, attorneys, and consultants. It creates new opportunities but also brings uncertainty as future fee rules are already in the pipeline.
Background: Why the Fees Were Rolled Back
The April 2024 fee rule introduced dramatic increases to EB-5 filing costs. Stakeholders challenged the rule, arguing that USCIS did not follow mandatory procedures. The court agreed, holding that the agency could not raise fees without completing the required EB-5 fee study.
As a result, USCIS must now operate under the older, lower fee schedule until a new rule is finalized.
What Changed: The Key Reductions
Here are the main fee rollbacks that everyone should be aware of:
- Form I-526 / I-526E:
Returned to $3,675, instead of the ~$11,160 set in April 2024. - Form I-829 (remove conditions):
Restored to the earlier, lower amount. - Forms I-956 and I-956F (regional center forms):
For example, I-956F has dropped from ~$47,695 back to ~$17,795.
In short: EB-5 filings are now far more affordable—for investors, regional centers, and project developers.
Why This Matters for the Entire EB-5 Community
For Investors
Lower fees reduce the overall cost of pursuing permanent residency. Many who postponed filings due to the steep 2024 increases may now feel more comfortable moving forward.
For Regional Centers and Developers
Lower fees mean
- Better budgeting for project expenses
- Easier onboarding of investors
- More competitive offering structures
- Updated marketing materials reflecting the new fees
Regional centers should ensure all documentation, from PPMs to subscription materials- reflects the correct fee schedule.
For Attorneys and Legal Teams
While this update benefits the entire industry, attorneys carry the added responsibility of guiding clients through a changing regulatory landscape. They should help clients evaluate:
- Whether to file quickly before new fee rules arrive
- Whether earlier filings that used the higher fee may qualify for refund guidance (still uncertain)
- How the ruling affects overall strategy, investment timelines, and risk assessments
For Consultants and Service Providers
This shift may change investor interest, project pipelines, and filing volumes. Service providers should prepare for possible increases in demand.
Practical Steps Everyone Should Take
- Verify filing fees for all pending or upcoming EB-5 submissions.
- Update internal and external documents, marketing materials, budgets, websites, and investor brochures.
- Communicate clearly with investors regarding the restored fees and why the change happened.
- Watch for refund instructions from USCIS for anyone who paid the now-invalid fees.
- Monitor the upcoming fee rule, expected to be finalized in early 2026.
What to Expect Next
The current rollback is not permanent. A new fee rule is already underway and may increase EB-5 fees again, though likely not to the levels imposed in 2024.
Other things to watch
- Potential guidance on refunds or overpayment credits
- Whether this ruling leads to legal challenges in other visa categories
- How the fee rollback affects USCIS operations and processing times
- Possible filing surges as investors rush to take advantage of lower fees
Conclusion
The court’s decision represents a major moment for the EB-5 program. The reinstated fees provide immediate relief, open the door for renewed filing activity, and signal the importance of proper agency procedures.
For investors, this is a financial advantage.
For regional centers and developers, it’s an operational reset.
For attorneys, it’s a strategic crossroads; balancing today’s opportunity with tomorrow’s uncertainties.
Lower fees bring momentum back to EB-5, but with new fee rules on the horizon, staying informed and acting quickly will be key.
Stay tuned to Imagility’s blog for real-time updates on EB-5 policy changes, fee rules, and other key immigration developments.
