A federal court has pressed pause on the steep fee hikes under the EB-5 immigrant investor visa program, offering major relief to green card aspirants who rely on this investment-based pathway to US residency.
The EB-5 route lets foreign nationals earn green cards by investing in American businesses that create employment opportunities. With the new ruling, that path just became far less expensive.
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The US District Court for the District of Colorado, in its November 12 verdict in Moody v. Noem, temporarily blocked the Department of Homeland Security (DHS) and USCIS from applying the sharply increased rates listed under the 2024 USCIS Fee Rule.
This move reinstates the much lower, earlier fee structure- removing a major financial barrier for global investors and regional centres involved in US job-creation projects.
USCIS response
In its advisory, USCIS announced: “In accordance with the November 12 order, and effective immediately, USCIS will accept the fees that were in effect until March 31, 2024.” Applicants have been instructed to follow the “Current Fee” schedule only.
While DHS and USCIS disagree with the court’s interpretation, they have confirmed they are complying with the ruling.
Impact on Green Card applicants
The court noted that the EB-5 Reform and Integrity Act of 2022 did not authorise DHS to alter EB-5 fees in the way the 2024 rule attempted. USCIS has therefore shifted back to processing applications under the pre-April 1, 2024, rates.
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As a result, filings like Form I-526 now cost $3,675 instead of $11,160, with similar reductions across other EB-5-linked applications. USCIS will only accept the higher, rescinded fees for petitions postmarked on or before November 26, 2025. Anything filed after must match the reduced rates to avoid being rejected. Updated form lists and fee tables remain available on the USCIS website.
