Good news for EB-5 investors: effective November 13, 2025, the filing fee for Form I-526E has dropped from $11,160 to $3,675 – a saving of more than $7,000 per petition – following a federal court order issued on November 12, 2025 by the U.S. District Court for the District of Colorado in Moody v. Noem. This is the most significant change to EB-5 filing costs in years and takes effect immediately.
The United States Citizenship and Immigration Services (“USCIS”)_ has posted a notice on its website that on November 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem staying certain EB-5 related petition and application fees that were implemented by the Department of Homeland Security (“DHS”) in its 2024 fee increases. The Court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule.
Effective immediately and in accordance with the Court order, USCIS will accept the fees that were in effect until March 31, 2024. The USCIS has updated its Form G-1055 Fee Schedule to reflect the new fees.
As a result of the Court ruling, EB-5 Investor Petitioners will only need to pay an I-526/I-526E Petition filing fee of US$3,675, and EB-5 Investor Petitioners who are filing Form I-829 Petition to remove the condition on their lawful permanent resident status only need to pay US$3,750. These are significant reductions to the April 2024 increased fees.
Updated EB-5 Fee Schedule – Effective November 13, 2025
| Immigration Benefit Request | Current Fee (03/31/24 Fee*) | Previous Fee (04/01/24) |
| 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 |
Frequently Asked Questions About the EB-5 Fee Reduction
What is the current EB-5 I-526E filing fee?
Effective November 13, 2025, the filing fee for Form I-526E (Immigrant Petition by Regional Center Investor) is $3,675 – reduced from $11,160 that had been in effect since April 2024. This reduction follows a federal court order in Moody v. Noem issued by the U.S. District Court for the District of Colorado on November 12, 2025.
Why did the EB-5 filing fees decrease so significantly?
The U.S. District Court for the District of Colorado ruled that the EB-5 Reform and Integrity Act of 2022 does not authorize DHS to adjust EB-5 program fees in the manner done through the 2024 Fee Rule. The court ordered USCIS to suspend the higher fees and revert to the fee levels in effect as of March 31, 2024. The order took effect immediately on November 13, 2025.
What is the current I-829 filing fee to remove conditions on EB-5 green card?
Effective November 13, 2025, the Form I-829 (Petition to Remove Conditions on Residence) filing fee is $3,750 – reduced from $9,525. This saves investors nearly $5,800 when filing to remove conditions on their conditional green card approximately two years after entry.
Will investors who paid the higher fee after April 1, 2024 receive a refund?
USCIS has not yet issued official guidance on fee refunds for petitions filed between April 2024 and November 12, 2025. Investors who filed during this period should monitor USCIS announcements and consult with an EB-5 attorney regarding any developments on this issue.
Are the reduced fees permanent or could they change again?
The current reduced fees reflect a temporary court stay issued while the Moody v. Noem litigation continues. USCIS or DHS may appeal the ruling. If the appeal succeeds, higher fees could be reinstated. Enterline & Partners is monitoring developments in this case and will update clients as the situation evolves. This uncertainty is an additional reason for investors considering EB-5 to file while fees remain at the current lower level.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
