A recent federal court ruling has saved EB-5 investors over $13,000 in government filing fees, providing immediate relief for those seeking U.S. green cards.
A federal court ruling has significantly reduced the financial burden on EB-5 investors aiming for U.S. green cards, saving them more than $13,000 in government filing fees.
On November 12, 2025, Judge Charlotte N. Sweeney of the U.S. District Court for the District of Colorado issued a ruling in the case of Moody et al. v. Mayorkas et al. This decision halted the enforcement of steep EB-5 filing fee increases that had been implemented on April 1, 2024.
As a result of the ruling, filing fees reverted to their pre-April 2024 levels immediately. For investors already planning to pursue a U.S. green card through the EB-5 program, this change offers tangible and immediate relief. However, this reprieve may not last indefinitely.
The EB-5 program underwent reforms through the EB-5 Reform and Integrity Act of 2022, which mandated that the U.S. Citizenship and Immigration Services (USCIS) conduct a dedicated fee study prior to raising program fees. USCIS failed to complete this study before implementing the fee increases in April 2024. It was not until February 2025 that the agency finalized the study, nearly a year after the fee hikes had taken effect.
Judge Sweeney dismissed USCIS’s argument that it had the discretion to act while the study was still in progress. Her ruling was clear: “USCIS acted contrary to the Act and therefore acted contrary to law.” Utilizing Section 705 of the Administrative Procedure Act, she stayed the EB-5 fee increases until a compliant new rule is established.
The financial implications of this rollback are substantial. Before the increases, filing Form I-526E—the initial petition for EB-5 investors—cost $3,675. This fee was raised to $11,160, marking a staggering 204% increase. Similarly, Form I-829, which removes conditions on permanent residency after an investor meets job creation requirements, rose from $3,750 to $9,525. With the recent ruling, both fees have been restored to their previous amounts.
In total, investors save $13,260 across these two essential filings compared to the fees charged just months ago. Given the minimum capital commitment of $800,000 in a targeted employment area or $1,050,000 elsewhere, these administrative savings are significant.
Attorney Matthew Galati, who represented the American Immigrant Investor Alliance and lead plaintiff Samantha Moody, characterized the fee increases as “brazenly illegal and at odds with the RIA.” He emphasized that immigration agencies, regardless of political affiliation, must adhere to the statutory requirements established by Congress.
Despite the favorable ruling, investors are cautioned against delaying their applications. It is important to note that the court’s ruling is a stay, not a permanent solution. The Department of Homeland Security (DHS) published a new proposed fee rule in the Federal Register on October 23, 2025, based on the now-completed fee study.
Under this proposal, the I-526E fee would be set at $9,530, plus a new $95 technology fee, totaling $9,625. The Form I-829 fee would increase to $7,860. Public comments on this proposal closed on December 22, 2025. Following a review of these submissions, DHS will issue a final rule, with the new fees expected to take effect 60 days after publication. Based on typical agency timelines, investors may face these new fees by mid-2026.
To put the numbers into perspective, filing I-526E currently costs $3,675, but after the new rule is implemented, it will rise to $9,625. Similarly, filing I-829 will increase from $3,750 to $7,860. Investors who delay their applications could incur approximately $10,000 in additional government fees for these two forms alone. While the proposed fees are lower than the previously stayed 2024 highs, they remain significantly higher than the current court-restored levels.
Michael Harris of Harris Law commented on the ruling, stating, “Practically, if this stay is not paused or narrowed on appeal, I would expect a renewed surge of EB-5 project and investor filings while the lower, pre-April 2024 fee schedule is back in effect.”
Another important consideration is the status of refunds for investors who filed between April 1, 2024, and November 12, 2025. These individuals paid the higher fees, and while Judge Sweeney’s ruling deemed the increases unlawful, it did not mandate USCIS to reimburse those affected. The future for these investors—whether through class action litigation, a government claims process, or direct agency action—remains uncertain. The American Immigrant Investor Alliance has indicated it is exploring a class action for excess fees paid since April 2024, but no formal mechanism is currently in place.
For those already engaged in the EB-5 process during the affected period, it is advisable to consult with immigration counsel regarding this issue.
The implications of Moody v. Mayorkas extend beyond just a fee rollback. For over a year, investors operated under a fee structure that a federal court has now ruled was unlawfully imposed. DHS is now undertaking the rulemaking process that should have been completed prior to April 2024. Once this process concludes, fees are expected to rise again.
Investors who file before the final rule is established can secure today’s court-restored fee schedule. Those who wait will bear the financial consequences of their delay, which could amount to a substantial increase in costs.
This article is for informational purposes only. Readers should consult qualified immigration counsel before making any filing decisions.
According to The American Bazaar.