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.
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.
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.
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