Understanding the Recent EB-5 Filing Fee Changes - What Investors Need to Know

The EB-5 immigrant investor program experienced significant fee increases following the publication of the 2024 Fee Rule by the U.S. Citizenship and Immigration Services (USCIS) in April 2024. A recent federal court decision, Moody et al. v. Mayorkas et al., has temporarily reshaped the EB-5 fee landscape, reversing the steep fee increases experienced in early 2024. The court identified procedural issues with how the Department of Homeland Security (DHS) implemented the fee rule. Furthermore, the ruling in this court decision has provided temporary financial relief while the DHS develops a new fee structure, which is expected to take effect in early 2026.

Background & Current Fee Structure

In April 2024, USCIS implemented one of the largest fee increases in the history of the EB-5 program. The changes substantially raised costs across all major filing categories and placed considerable financial pressure on both investors seeking permanent residency and regional centers managing project approvals. Following the recent court decision, USCIS has restored the lower fee schedule that was in place prior to April 2024. These fees will remain as such until DHS finalizes a new fee rule that is presently under public review. The table below highlights current and proposed fee levels by the DHS:

The restored fees represent substantial savings compared to the April 2024 fee schedule. It is important to note that USCIS will accept payments at the higher April 2024 rates, but applicants receive no advantage from paying more than the current required fees.

Looking Ahead

While the current lower fees provide temporary relief, they are not permanent. The DHS has published a proposed final rule and that is currently open for public comment until December 22, 2025. Once finalized this new rule will establish a fee structure to replace the temporarily reinstated rates. Furthermore, it is important to understand that the December 22 deadline marks the end of the public comment period and not the date when new fees take effect. After this deadline has passed, DHS will still need to review all submitted comments, potentially revise the proposed rule based on feedback, and publish a final rule. Due to this, we can expect a new fee rule sometime in early 2026. The exact implementation date will depend on how quickly DHS completes its review and publishes the final rule.

Important Considerations for Investors

The temporary restoration of lower fees creates a window of opportunity for prospective EB-5 investors. Those who file under the current fee schedule can save thousands of dollars compared to the proposed 2026 rates. However, the decision to accelerate a filing should not be based solely on fee considerations. Investors must still ensure that all substantive eligibility requirements are met. These requirements include, but are not limited to, proper source of funds documentation, investment structure compliance, and job creation planning. Filing petitions too soon with incomplete documentation can result in requests for evidence, delays, or denials.

The restoration of lower EB-5 filing fees does provide temporary financial relief for investors; however, stakeholders should prepare for potential changes once DHS finalizes its proposed rule in early 2026, including potentially an increase or decrease in the filing fees. The window for filing at current rates will close once the new fee structure takes place.

Understanding these fee dynamics and planning accordingly can help investors and regional centers optimize costs while maintaining compliance with all program requirements. We will monitor updates as the EB-5 program continues to evolve and update our site regularly with new information. For individuals considering EB-5 investment options, we recommend that you contact our office at Pasricha & Patel, LLC so that we can assist with your individual situation and help navigate the evolving regulatory landscape.