EB-5 Filing Fees Reduced After Federal Court Ruling: What Investors Need to Know for 2026
Introduction: A Major Change for EB-5 Investors
In November 2025, a landmark federal court ruling reversed one of the largest fee increases in the history of the EB-5 Immigrant Investor Program. The court found that USCIS raised EB-5 filing fees in April 2024 without completing the fee review required under the EB-5 Reform and Integrity Act of 2022 (RIA). Because of this procedural failure, the court invalidated the fee rule and ordered USCIS to return to the previous significantly lower fee schedule.
This ruling immediately impacts investors planning to file EB-5 petitions in late-2025 and early-2026, creating one of the most cost-efficient filing windows in years.
What Triggered the Lawsuit?
When USCIS implemented substantial filing fee increases on April 1, 2024, multiple EB-5 stakeholders, including regional centers and industry organizations challenged the rule in federal court. They argued that:
USCIS failed to conduct the mandatory RIA fee study
The fee increases were arbitrary and not supported by the required analysis
The rule violated federal administrative procedures
The higher fees created a barrier to program access, particularly for global middle-class families
The court agreed, concluding USCIS had not followed the statutory steps required before raising EB-5 fees.
The Court’s Decision: EB-5 Fees Returned to Pre-2024 Levels
In mid-November 2025, a federal judge in Colorado struck down the April 2024 fee rule. The court ordered USCIS to:
Revert to the prior fee schedule
Accept EB-5 filings at the lower rates
Conduct a complete, RIA compliant fee study before issuing any new fee increases
This ruling remains in effect unless and until USCIS completes a new fee study and publishes a replacement rule through proper notice-and-comment procedures.
Updated EB-5 Filing Fees (As of November 2025)
Following the court decision, the EB-5 fees reverted to their original amounts:
Form I-526 / I-526E: $3,675
(previously ~$12,160 under the invalidated rule)
Form I-829 (Removal of Conditions): $3,750
(previously ~$9,525)
Form I-956F (Project Approval): $17,795
(previously ~$47,695)
These fee reductions significantly lower the upfront financial burden for both investors and project developers.
What This Means for Investors Filing in Late-2025 and Early-2026
For investors preparing to file now, this ruling creates a particularly advantageous window:
Lower upfront filing costs
Immediate eligibility to file under the reduced fees
Improved predictability while USCIS prepares its next fee proposal
Strategic timing advantages for families seeking to file before new fee rules are finalized
For many global investors, this change makes the EB-5 program more financially accessible during the 2025–2026 cycle.
Will EB-5 Fees Increase Again in 2026?
Most likely, yes.
The April 2024 rule was overturned, but USCIS is expected to introduce a new, legally compliant fee rule after completing the required RIA fee study in 2026.
This means:
The current lower fees may be temporary
New EB-5 filing fees could be unveiled in 2026
Investors may benefit from filing before the next fee schedule is released
What Investors Should Do Now
Investors planning to take advantage of the reduced fees should consider:
Confirming eligibility and preparing an EB-5 filing timeline
Starting source-of-funds documentation early, as this remains the most time-intensive step
Prioritizing rural TEA projects for faster processing under RIA
Evaluating concurrent filing strategies for eligible applicants in the U.S.
Completing all pre-filing requirements before USCIS announces new fee proposals
The current window offers a rare opportunity to file at historically low costs.
ArcAsia Advisors Insight
At ArcAsia Advisors, we closely monitor all regulatory developments—including fee changes, USCIS policy updates, and federal court rulings—to help investors file with confidence. Our team ensures that your EB-5 strategy aligns with the most current requirements and the fastest pathways available as we move into 2026.
Disclaimer
This article is for informational purposes only and does not constitute legal or financial advice. Investors should seek independent professional counsel before making any immigration or investment decisions.
