【ARCFE News】Federal Court Invalidates April 2024 EB-5 Fee Increases, Reinstates Prior Rates

On November 12, 2025, a U.S. federal court issued a significant ruling:The EB-5 filing fee increases implemented by the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024 were deemed invalid due to procedural deficiencies. As a result, EB-5-related filing fees have reverted to the pre-April 2024 rates.

USCIS has since updated its official fee schedule (Form G-1055) to reflect the reinstated, lower fee amounts. Until a new final rule takes effect, this period is widely viewed as a favorable window for EB-5 investors to enter the program.

1. Why Were the “Old Fees” Suddenly Restored?

The reversal stems from a class-action lawsuit, Moody v. Mayorkas, brought by EB-5 investors against the U.S. Department of Homeland Security (DHS).

The core issue:When USCIS increased EB-5 filing fees in April 2024, the agency did not complete the required fee study or follow procedures mandated under the EB-5 Reform and Integrity Act (RIA).

The federal court found that USCIS violated the Administrative Procedure Act (APA) and invalidated the 2024 fee increases, ordering USCIS to return to the lower pre-April 1, 2024 fee levels.

2. Quiet USCIS Adjustment: Fee Schedule Updated Back to Prior Rates

Although USCIS has not issued a formal press release, the agency has modified the G-1055 Fee Schedule on its website, noting that EB-5 form filing fees have been reverted to the rates in effect prior to April 1, 2024.

This means:For all EB-5 investors submitting Form I-526E or Form I-829 on or after November 14, 2025 (local filing time), the reinstated lower fee amounts now apply.The same rule extends to regional center filings, including Forms I-956, I-956F, and I-956G.

3. Key Changes to EB-5 Filing Costs

EB-5 Filing Fee Comparison (Pre-Increase vs. Restored Rates)

For investors, the savings are substantial, as the reverted fee structure meaningfully reduces the total cost of submitting EB-5 petitions.

4. How Long Will This Window Last? Pre-2024 Fees Likely to Remain Through End of 2025

Despite the current reinstatement, upcoming changes are already underway:

● In October 2025, DHS published a new Notice of Proposed Rulemaking (NPRM) proposing another adjustment to immigration fees.

● The public comment period runs through December 22, 2025.

● The final rule is expected to take effect in early 2026.

Until the new regulation becomes effective, the reverted (lower) fees will remain in place—creating a rare policy window for prospective EB-5 applicants.

5. ARCFE Guidance: Act Promptly to Secure Lower Fees and Avoid Policy Risks

For families and investors considering the EB-5 program for immigration planning, ARCFE recommends:

✔ Move quickly to complete project selection and petition preparation

Lock in eligibility under the restored fee structure and avoid potential disruptions, including risks associated with the eventual closure of the “concurrent filing” pathway.

✔ Monitor regulatory updates closely

Stay informed about fee changes and policy developments expected toward the end of 2025.

✔ Work with a compliant regional center and strong project sponsor

Ensure petition stability, safeguard investment capital, and strengthen the prospects for successful immigration outcomes.

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