EB-5 Fee Update: Court Reinstates Pre-April 2024 Fees but Proposed Changes Loom for December 2025

A major development in EB-5 this week: a federal court has reinstated the pre-April 2024 filing fees for the EB‑5 Immigrant Investor Program. As of today, the filing fee for Form I-526E is back to $3,675, plus the $1,000 Integrity Fund fee.  USCIS has now updated is website to show the lower fees are legally in effect thanks to the court decision, Moody et al v. Mayorkas et al.  However, a new fee rule proposed by DHS could change things again in December 2025.

What This Means Today

• Investors submitting may now use the lower, pre-April 2024 fees.
• USCIS is currently accepting filings with either the lower or the higher fee until it updates its systems and publications.
• The decision impacts all EB-5-related forms, including I-526/E, I-829, I-956, I-956F
• We are still clarifying whether biometrics are required again for I-829.
• A new proposed rule is scheduled for December 2025, which could reset the fee schedule (and is currently subject to public comment).

Current + Proposed Fee Levels

WR Immigration  © 2025

Notes on the proposed rule

• The NPRM published by DHS on October 23, 2025, proposes to reduce many EB-5 fees rather than increase them.   Comments on the proposed rule are due December 22, 2025.  Because it is still a proposed rule, the December 2025 fee levels are not yet final and may change.

Practical Guidance

• An immigrant investor or regional center submitting today may use the lower restored fees.
• If someone pays the higher fee (from April 2024 schedule), they will still be accepted.
• This filing fee regime could shift again once the final rule is issued.
• Continue monitoring for USCIS publication of the final fee rule and the effective date.