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EB-5 Petition and Application Fees Reduced by Court Order

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.

The following table summarizes the applicable forms and fees.  

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
*Reinstated as of November 13, 2025. 

If you have questions about these new fees and the EB-5 immigrant investor visa program, contact us at info@enterlinepartners.com.

ENTERLINE & PARTNERS CONSULTING

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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.

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