Immediate EB-5 Filing Fees Reversion

In a significant win for immigrant investors, the substantial 2024 fee increases decided and implemented by the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) were successfully challenged. A federal judge ruled on November 12 that these fee hikes violated legal requirements and cannot be enforced unless a new, compliant rule is published.

The lawsuit, Moody et al. v. Mayorkas et al., was filed in March 2024. Judge Charlotte N. Sweeney found that USCIS’s fee increases, effective April 1, 2024, were inconsistent with both the Administrative Procedure Act and the EB-5 Reform and Integrity Act of 2022. The agency had failed to conduct a required fee study before implementing these substantial hikes, including raising the Form I-956F filing fee from $17,795 to $47,695, a 168% increase.

While the current ruling offers significant relief to project sponsors and real estate developers, it is important to note that the return to the previous fee schedule may be temporary. DHS has released a proposed fee adjustment based on a study completed in February 2025, and this proposal is open for public comment until December 22, 2025. DHS must complete its review and issue a final rule before any new changes can take effect, meaning the lower filing fees should remain in place at least through the end of 2025. As it stands, the Form I-956F filing fees have reverted to pre-April 2024 levels of $17,795, making this an optimal time for investors (developers) to file their applications.

Current and Proposed Fee Levels