On November 12, 2025, in a significant win for EB-5 stakeholders, a federal court has ruled that the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) unlawfully implemented steep EB-5 filing fee increases without meeting statutory requirements. The decision restores the previous, lower fee schedule for key EB-5 filings.
Background: Moody v. Mayorkas
The case, Moody et al. v. Mayorkas et al., challenged the EB-5 fee hikes introduced on April 1, 2024, which raised the Form I-526E filing fee by 204% to $11,160. Plaintiffs argued that USCIS violated the Administrative Procedure Act (APA) and the EB-5 Reform and Integrity Act of 2022 (RIA) by failing to complete a mandated fee study before implementing the increases.
Judge Charlotte N. Sweeney agreed, finding that USCIS “acted contrary to the Act.” While the ruling does not invalidate all USCIS fee adjustments, it blocks EB-5-related increases through a Section 705 stay, leaving other fee changes (e.g., asylum, H-1B) intact.
Why the Court Ruled Against USCIS
Congress required USCIS to conduct a comprehensive cost analysis before adjusting EB-5 fees. USCIS imposed the hikes without completing this study, which was finalized only in February 2025, nearly a year after the increases took effect. The court rejected USCIS’s argument that it could raise fees while the study was pending.
What This Means for EB-5 Filings
Effective immediately:
- Form I-526E: $3,675 (down from $11,160)
- Form I-829: $3,750
- Form I-956F: $17,795 (down from $47,695)
These reductions offer temporary relief. DHS has already proposed a new fee rule based on the completed study, which would set fees higher than pre-2024 levels but lower than the April 2024 increases. The proposal is open for public comment until December 22, 2025, with a final rule expected in early 2026.
Refunds Still Uncertain
The ruling does not mandate refunds for investors who paid the higher fees. Industry experts anticipate that recovering overpayments may require additional litigation or administrative claims.
Erickson Insights & Analysis
This decision underscores the importance of regulatory compliance and transparency. For EB-5 investors and regional centers, the current window of lower fees through at least the end of 2025 presents a strategic opportunity to file before new rates take effect. However, stakeholders should monitor developments closely, as litigation and rulemaking could reshape timelines.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.