EB-5 Visa Update: Court Lowers EB-5 Green Card Filing Fees (November 2025)

Index

• EB-5 Visa Update: Court Restores Lower Filing Fees
• Why the Court Blocked the EB-5 Fee Increases
• Should EB-5 Investors File Now?
• Learn More About the EB-5 Visa Investor Program

EB-5 Visa Update: Court Restores Lower Filing Fees

A federal court has delivered a major win for EB-5 investors.

After a recent court order, USCIS confirmed that the EB-5 filing fees raised in 2024 will now go back to their earlier amounts.

In the 2024 Fee Rule, USCIS raised EB-5 filing fees more than 100 percent across nearly every category, making them some of the highest increases among all immigration benefits that year.

Why the Court Blocked the EB-5 Fee Increases

Last week, the federal court in Colorado ruled that USCIS raised these fees without following the required legal steps. The court found that USCIS violated both the Administrative Procedure Act and the EB-5 Reform and Integrity Act of 2022 because the agency did not complete the fee study required by Congress before changing EB-5 fees.

Following the ruling, USCIS stated that it disagrees with the decision but will comply with the court’s order. Effective immediately, the agency will revert to the original pre-April 2024 filing fees for EB-5 petitions and regional center applications.

The updated lower fees now apply to all filings. USCIS will accept the higher fees only if the package is mailed on or before November 26, 2025. Anything sent after that date with the higher fee will be rejected.

USCIS explained that it is temporarily using manual review to make sure filings are processed correctly while its systems are updated.

This development is a meaningful relief for EB-5 investors. Both new applicants and those already in process now benefit from significantly lower government fees at a time when overall investment costs remain high. The lower fees are also a relief for regional centers, which had been hit with large fee increases for project approvals, annual reports and designation filings.

Should EB-5 Investors File Now?

Even though USCIS may try to raise EB-5 fees again in the future, the current lower fees give investors a good opportunity to file now. With costs returning to pre-2024 levels and the case still in court, many applicants see this as a safe and affordable time to submit their EB-5 petitions.

Learn More About the EB-5 Visa Investor Program

If you are considering the EB-5 visa or looking into your EB-5 Green Card options, this is a good time to learn the requirements, costs and process.

For a clear overview of the EB-5 visa program including investment amounts, timelines and key points for Turkish investors, read our detailed guide here: EB-5 Visa Guide: Requirements, Investment Amount and Green Card Process (2025)