On April 1, 2024, a final rule allowed USCIS to significantly adjust administrative fees for many visa applications. Among these, EB-5 visa filing costs soared, with increases from 47% (Form I-1965G) to 204% (Forms I-526/I-526E). As a response to the final rule, the American Immigrant Investor Alliance, alongside IT Service Alliance and EB-5 investor Samantha Moody filed a lawsuit (Moody et al. v. Mayorkas et al.), challenging the legality of the fee increases.
On November 12th, Colorado Judge Charlotte Sweeney agreed with the plaintiffs, ruling that USCIS cannot enforce payment of the new EB-5 visa fees. In her ruling, Judge Sweeney wrote that the April 2024 fee increases violated both the Administrative Process Act (APA) and the EB-5 Reform and Integrity Act (RIA). The violation was in USCIS’ failure to complete a fee-study before adjusting the filing fees as required by the RIA.
What does this mean?
While not a final ruling, the order grants EB-5 investors temporary relief from the April 2024 filing fees, allowing them to pay the previous EB-5 filing fees when submitting the required forms. The ruling did not address refunds for applications already filed under the April 2024 fee schedule.
Looking forward
USCIS finished a fee-study in February 2025 and in October proposed certain fee reductions. However, the fee revisions are under public comments until December 22, 2025. Until DHS releases a final rule announcing the new EB-5 fees (expected in early 2026), EB-5 investors can adhere to the old fee schedule.
We will continue to monitor the development of the case and will keep you informed.