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Federal Court stops EB-5 fee increases: What happened and Why it matters

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On November 12, 2025, a federal court ruling in the case Moody et al. v. Mayorkas et al. granted relief to new investors in the EB-5 program by halting the increased application fees introduced by the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024.

What fees were increased?

Here’s a quick breakdown of the fee changes that were challenged:

  • The Form I-526/I-526E filing fee rose ~204% to $11,160.

These hikes were part of a broader rule from USCIS that also raised fees in asylum and H-1B categories.

Why the court intervened

The judge found that USCIS did not comply with the requirements of the EB‑5 Reform and Integrity Act of 2022 (RIA), which required a fee-study before raising the fees. This was a clear violation of the Administrative Procedure Act (APA) and the RIA.

Put simply: A congressionally-mandated study to justify the fee hikes was not completed before USCIS implemented the fee increases.

The ruling therefore halts the implementation of those fee increases—bringing the fee schedule back to pre-April 1, 2024 levels on a temporary basis.

What happens next

  • USCIS did finish a fee study in February 2025.
  • In October 2025, USCIS proposed a reduction of the fees, but still above the pre-April 2024 levels. The proposed revised fees were under public comment (closing December 22, 2025) with a final rule expected in early 2026.
  • The court’s decision does not automatically provide refunds to investors who already paid the higher fees. The path for recovering overpayments remains uncertain.

Why this matters for EB-5 investors

  1. Cost relief (for now)

For new investors participating in the EB-5 program, the immediate relief is clear: the fee hikes are no longer in effect (at least until the next rule is finalized). That means lower filing costs and possibly a more predictable budgeting environment.

  1. Legal precedent and agency accountability

The ruling reinforces that federal agencies like USCIS must follow the procedural requirements laid out by statutes (in this case, RIA  and APA) — the court has said that USCIS can’t raise fees without going through required procedural requirements.

  1. Uncertainty ahead

Despite the ruling, the future fee-schedule isn’t settled:

  • We don’t yet know exactly when or how USCIS will adjust the fees in their final rule (expected early 2026).
  • Though fees may drop, they will likely remain higher than the pre-April 2024 levels.
  • For investors who paid the higher fees already, their recourse is unclear. No automatic refunds were mandated by the court
  • So while there’s a temporary “win,” long-term costs remain uncertain.
  1. Timing may matter for filings

With lower (pre-hike) fees temporarily restored, new investors may accelerate filings to take advantage of the temporary lower costs.

For new investors weighing whether to commit now or wait, timing is now of the essence.

Key Takeaways & Strategic Advice

  • If you’re an investor: Monitor the final rule closely. If you have not yet filed, you may have an opportunity to file under the lower fee schedule.
  • If you already filed with higher fees, talk to your attorney about whether you could seek reimbursement or claim overpayment.
  • Keep an eye on upcoming fees, and plan for budget adjustments if fees rise again.

Bottom Line

This court ruling represents a meaningful victory for EB-5 investors— one that emphasizes that fee hikes aren’t just automatic or unchecked. But it’s also a reminder that temporary relief from the courts is not a permanent resolution.

The final rule, to be proposed soon and subject to public comment, will determine EB-5 costs going forward.

If you’re involved in an EB-5 investment or exploring one, staying on top of regulatory developments and fee schedules is critical. This may be a good juncture to revisit your strategy, budget assumptions, and timelines. Contact our office as soon as possible to determine whether this is a good time to file your application.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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