How soon will there be new EB-5 fees?

Great question! As of mid-November 2025, a federal court ruling (in Moody et al. v. Mayorkas et al.) reversed the dramatic fee hikes that had taken effect in April 2024. Fees have reverted to the pre-April 2024 “lower” levels for EB-5 filings. For example, Form I-526E (investor petition) is back to US$3,675 (plus the applicable $1000 Integrity Fund fee) under the reinstated schedule.
So for now, EB-5 applicants and regional centers can file under the old, lower-fee regime. However, this “low-fee” is definitely temporary.
The revert only happened because the court invalidated the prior fee increase. Meanwhile, the U.S. Department of Homeland Security (DHS) has published a proposed fee rule (a Notice of Proposed Rulemaking — NPRM) for the EB-5 fiings, with this proposed rule suggesting new filing fees (for forms like I-526E, I-956, I-956F, I-829, etc.) — some lower than the rejected 2024 increases, but notably higher than pre-2024 fees. The public comment period for the proposed rule ends December 22, 2025. After that, DHS must review comments, finalize the rule, and publish it. Based on typical administrative-rule timelines, many industry observers expect the new (final) fee schedule to become effective in early 2026. The NPRM is here: https://www.federalregister.gov/documents/2025/10/23/2025-19642/us-citizenship-and-immigration-services-employment-based-immigrant-visa-fifth-preference-eb-5-fee.
Bottom line is that the fees for the I-526 and I-526E may be increased to be $9,530 and the I-829 fee increased to $7,860.
If you submit an EB-5 filing soon — between now and whenever DHS finalizes the new rule — you should still be able to use the lower, pre-April 2024 fees. Because DHS is aiming for “early 2026” implementation of the new fee schedule, that window may only last a few more months (depending on how quickly DHS acts after the comment period). The proposed fees are not final — they could change during the comment review or before publication, with the DHS not committing to a precise “go-live” date beyond a general “2026” timeframe. It’s possible some fees will go up, others down: the proposed rule restructures many EB-5 fees, but not all at once.
The bottom line is that the “low” (pre-April 2024) EB-5 fees are in effect now — but only temporarily. The agency intends to finalize a new fee schedule after the comment period (ending December 22, 2025). Most analysts expect those “definitive” fees to take effect in early 2026.