Federal Court Partially Stays 2024 USCIS Fee Rule for EB-5: Pre-2024 Fees Reinstated
A recent federal court order has rolled back the steep EB-5 fee increases from the 2024 USCIS Fee Rule, restoring pre-2024 filing fees and immediately reducing costs for petitioners and regional centers.
Introduction
As stated in a recent U.S. Citizenship and Immigration Services (USCIS) news alert, on November 12, 2025, the federal court temporarily blocked portions of the 2024 USCIS Fee Rule as it applies to EB-5 filings. As a result, the government has reinstated the lower, pre-2024 filing fees for several EB-5 forms. This means that petitioners and regional centers will benefit from significantly reduced filing costs while the court’s order remains in place.
Updated Fee Schedule
Effective November 13, 2025, USCIS has returned to the lower EB-5 filing fees that were in place before the 2024 Fee Rule. These amounts are now posted as the “Current Fee” on the USCIS website.
It is important for clients to know that only the lower, reinstated fees should be used moving forward. USCIS will no longer accept filings that use the higher 2024 fee amounts after the short transition period ends.
For impacted forms, the fees are as follows:
| Immigration Benefit Request | Current Fee | Previous Fee |
| Form I-526, Immigrant Petition by Standalone Investor | $3,675 | $11,160 |
| Form I-526E, Immigrant Petition by Regional Center Investor | $3,675 | $11,160 |
| Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status | $3,750 | $9,525 |
| Form I-956, Application for Regional Center Designation | $17,795 | $47,695 |
| Form I-956F, Application for Approval of an Investment in a Commercial Enterprise | $17,795 | $47,695 |
| Form I-956G, Regional Center Annual Statement | $3,035 | $4,470 |
Temporary Postmark Rules You Should Know
USCIS has also announced a short transition period for filings that still use the higher 2024 Fee Rule amounts. Specifically:
- USCIS will accept filings that include the higher “Previous Fee” only if they are postmarked on or before November 26, 2025.
- For filings postmarked after November 26, 2025, USCIS will reject petitions or applications if they are accompanied by the higher “Previous Fee.”
All requests must be submitted on the current edition of the relevant forms.
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Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Reading any content on our website does not create an attorney-client relationship. For legal guidance tailored to your specific situation, consult a qualified immigration attorney.