The U.S. Citizenship and Immigration Services (USCIS) has reduced EB-5 visa application fees in compliance with a recent court ruling, a significant development for new EB-5 investors.
The revised fee structure is now visible on the USCIS website, with the amounts having returned to pre-April 1, 2024, levels. Thus, the EB-5 forms I-526/I-526E have reverted to $3,675 from $11,160, and Form I-829 is now $3,750, down from $9,525, among the EB-5 application fees.
The measure follows a ruling on Nov. 12 that found the Department of Homeland Security (DHS) and USCIS unlawfully increased these fees, in direct violation of the Administrative Procedure Act (APA) and the EB-5 Reform and Integrity Act of 2022 (RIA).
The ruling is the result of a lawsuit filed by American Immigrant Investor Alliance (AIIA), EB-5 investor Samantha Moody, and IT Service Alliance, against the hike in March 2024.
“DHS and USCIS believe the Court’s decision is incorrect but are working to implement it,” said USCIS in a statement on Nov. 18. “Petitioners and applicants should pay fees according to the ‘Current Fee’ schedule, not the higher ‘Previous Fee’ schedule. However, for items postmarked Nov. 26, 2025, or earlier, USCIS will also accept payment of the “Previous Fee.” For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the “Previous Fee.”
For how long will EB-5 fees remain at pre-hike levels?
However, EB-5 attorneys caution that the measure is temporary, as DHS prepares to publish a new final rule with lower EB-5 prices, yet higher than pre-hike levels.
“The Colorado ruling is unquestionably a win for investors, but the return to pre-April 2024 fee levels is expected to be brief,” cautions U.S. immigration attorney Oliver Yang from Reid & Wise.
Yang does not anticipate a rush in investment filings during that period.
“While some investors who already have fully prepared cases may take advantage of the temporary savings, given the size of the investment and the long-term immigration consequences, it is far more important that an EB-5 filing be thorough, accurate, and strategically positioned than submitted quickly to save a relatively modest amount in fees.”
He advises that rushing or filing incomplete or under-prepared filings “would pose far greater risks” than taking advantage of the short-term financial benefit.
However, other EB-5 attorneys do anticipate an increase in filings.
EB-5 attorney Natalia Morozova says there’s interest in making the most of this window of opportunity.
“Some will certainly try to take advantage of the lower fees,” she says.
“Yes — we do anticipate increased filing activity during this temporary reduced-fee period,” says David Hirson from David Hirson & Partners. “This creates an unusual and short-lived opportunity for investors to proceed at meaningfully lower costs. DHS has already stated that it intends to issue a new final fee rule after December, which will again raise EB-5 fees, although not as high as the April increases.”
He concludes that interested EB-5 investors and Regional Centers should prepare their filings promptly to take advantage of this period.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
