EB-5 Visa Costs Slashed as Federal Court Halts USCIS Fee Hikes

A federal court has blocked a major fee increase for the EB-5 investor visa program. The ruling is a significant victory for foreign investors seeking U.S. green cards. It immediately reduces the financial burden for applicants.

The decision temporarily stops the Department of Homeland Security from enforcing its 2024 fee rule. This restores the previous, lower application costs for the popular investment-based immigration pathway.

Court Ruling Eases Financial Path to US Residency

The U.S. District Court for the District of Colorado issued the order on November 12, 2025. It found that the government overstepped its authority with the new fee structure. The court sided with plaintiffs who argued the hikes were unjustified.

This action has an immediate practical impact. The fee for a key form, the I-526 petition, drops from $11,160 back to $3,675. Similar reductions apply to other essential EB-5 applications. According to Reuters, this provides substantial relief for investors and regional centers.

USCIS Implements New-Old Fee Schedule

US Citizenship and Immigration Services has confirmed it will follow the court’s order. The agency is now processing applications under the pre-April 2024 fee schedule. This change is effective immediately for all relevant filings.

USCIS published clear guidance on its website. It stated that payments must align with the lower, current fees. Applications postmarked after November 26, 2025, will be rejected if they use the higher, now-defunct rates.

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What is the EB-5 visa program?

The EB-5 program provides a path to a U.S. green card for foreign investors. They must make a significant investment in a new commercial enterprise that creates American jobs. It is a direct route to permanent residency.

How much has the I-526 fee been reduced?

The filing fee for Form I-526 has been dramatically cut. It has been reduced from $11,160 back down to its previous level of $3,675. This represents a savings of over $7,000 for applicants.

Is the USCIS fee ruling permanent?

The court’s order is an injunction, not a final ruling. It temporarily stops the fee hikes while the legal case proceeds. The ultimate outcome will depend on further court decisions.

What should new EB-5 applicants do now?

New applicants must use the fee amounts from the pre-April 2024 schedule. They should check the official USCIS website for the correct payment. Using the old, higher fee is no longer necessary.

Did USCIS agree with the court’s decision?

No, USCIS and DHS publicly disagreed with the ruling. However, the agency confirmed it is complying with the court’s order and has implemented the lower fees across its systems.