EB-5 Filing Fees Rolled Back: Why NOW Is the Smartest Time to File Your EB-5 Petition

Nathan Patel
Dec 1
3 min read

In a major victory for EB-5 investors, regional centers, and project developers, a federal judge has ruled that the 2024 USCIS fee increases were unlawful, immediately restoring filing fees to their pre-April 2024 levels.

This decision stems from a lawsuit filed by the American Immigrant Investor Alliance (AIIA), arguing that USCIS raised EB-5 fees without completing a fee study required under the EB-5 Reform and Integrity Act (RIA) of 2022. Judge Charlotte N. Sweeney agreed, finding the agency’s actions “arbitrary, capricious, and not in accordance with law.”

As a result, all EB-5 investors now benefit from significantly lower filing costs—at least through the end of 2025.

Why the Fee Increases Were Rejected

USCIS implemented large fee hikes on April 1, 2024, including:

●I-526E: from $3,675 → $11,160

●I-956F: from $17,795 → $47,695

●I-829: from $3,750 → $9,525

However, the RIA explicitly requires a formal EB-5 fee study before any adjustments. USCIS did not complete that study until February 2025, nearly a year after raising prices.

Current Fees (Now in Effect) vs. Proposed 2025 Fees

Form	Current Fee (Restored)	April 2024 Fee (Invalidated)	Proposed Fee (Dec 2025 Rule)
I-526 / I-526E	$3675	$11,160	$9625
I-829	$3750	$9525	$7860
I-956F	$17,795	$47,695	$29,935
I-956G	$3035	$4470	$2740

These restored lower fees will remain in effect until DHS finishes reviewing public comments and issues a final rule — likely not before late 2025.

What This Means for EB-5 Investors

Lower costs: 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

This is especially impactful for families preparing EB-5 budgets or comparing immigration pathways.

An ideal time to secure a priority date

With reduced costs—and visa availability for many categories—this ruling creates a strategic window for:

●Investors waiting to file

●Families preparing source-of-funds

●Individuals in unstable visa categories (H-1B, F-1/OPT, L-1, etc.)

Filing sooner protects your place in line before any new fees take effect.

Why Investors Should Act Now

If you’re considering EB-5, the current environment offers three factors that rarely align at the same time:

●Lowest fees in years

● Stable USCIS adjudication environment

●High-quality project availability before 2025 demand increases

Waiting until 2026 could mean:

●Much higher filing fees

●Longer wait times

●Higher demand from major markets

●Reduced access to top project inventory

What Happens Next?

● DHS has already issued a new proposed fee rule (comment period ends December 22, 2025).

● These proposed fees are still lower than the April 2024 increases but much higher than today’s restored rates.

● A final rule likely won’t appear until late 2025 or early 2026.

Until then, investors benefit from the lowest fee environment in years.

Refunds for Investors Who Paid Higher Fees

AIIA has launched a class action to recover overpayments for investors and regional centers who filed during the April 2024–November 2024 period.

Those affected may be eligible for refunds once litigation progresses.

Bottom Line

This ruling creates a rare opportunity for investors:

●Significantly lower filing costs

●A stable window before new fees arrive

●Stronger project economics for regional center offerings

For families considering EB-5, filing during this period may offer the best value and highest predictability—especially before DHS finalizes its new fee rule.

Because your Green Card shouldn't take a Lifetime.