USCIS has reinstated EB-5 filing fees to the pre-April 1, 2024 amounts. This change follows a federal court decision invalidating the April 2024 fee rule after finding that USCIS implemented the increases without following required legal procedures. As a result, EB-5 investors, regional centers, and project developers will currently benefit from significantly lower filing costs.
The court concluded that USCIS failed to conduct a required fee study, did not comply with the Administrative Procedure Act, and did not follow steps mandated by the EB-5 Reform and Integrity Act. As a result, the April 2024 fee rule was vacated, and USCIS has reverted to the prior fee schedule.
In October 2025, DHS also issued a new proposed rule that would adjust EB-5 fees again. The proposal generally increases them above current reinstated rates but keeping them below the April 2024 amounts. The public comment period for the proposed rule is open until December 22, 2025.
|
Form |
Reinstated Fee | April 2024 Fee | Proposed Fee (December 2025) |
| Form I-526 / I-526E, Immigrant Petition by Standalone or Regional Center Investor | $3,675 | $11,160 | $9,625 |
| Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status | $3,750 | $9,525 | $7,860 |
| Form I-956, Petition for Regional Center Designation | $17,795 | $47,695 | $28,895 |
| Form I-956F, Application for Approval of an Investment in a Commercial Enterprise | $17,795 | $47,695 | $29,935 |
| Form I-956G, Regional Center Annual Statement | $3,035 | $4,470 | $2,740 |
USCIS will continue to accept filings that include the higher April 2024 fees only if they were postmarked on or before November 26, 2025. Any filings postmarked after this date that includes the April 2024 fees will be rejected.
Our office will continue to monitor the proposed fee rule and provide updates as USCIS releases additional information or finalizes new rates.