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Green Card alert: Court blocks EB-5 Visa fee hike, eases path to permanent residency
Green Card update: A federal court has blocked fee increases for the EB-5 visa program, restoring lower costs for green card applicants
A federal court ruling has halted substantial fee hikes for the EB-5 immigrant investor visa program, thereby lowering expenses for green card seekers who depend on this route to permanent residency.
This program enables foreign investors to secure green cards by investing in US businesses that create jobs.
Why federal court's move matter
The decision halts the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) from enforcing the increased fees established in the 2024 USCIS Fee Rule.
The decision eliminates financial obstacles for international investors and regional hubs involved in job creation in the United States by restoring the previous, far lower fees for the EB-5 program.
On November 12, 2025, the US District Court for the District of Colorado rendered a decision in the case of Moody v. Noem, which temporarily halted the enforcement of the increased fees stipulated by the 2024 USCIS Fee Rule as it pertains to the EB-5 program.
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Green Card alert: All you need to know
The court determined that the EB-5 Reform and Integrity Act of 2022 did not grant the Department of Homeland Security the authority to modify the fees associated with the EB-5 visa program in the manner prescribed by the new rule, which had taken effect on April 1, 2024.
Consequently, USCIS is now processing applications according to the lower fee structure that was effective prior to the implementation of the new rule.
For instance, the fee for Form I-526, Immigrant Petition by Standalone Investor, has been reduced from $11,160 to $3,675, with similar reductions applicable to other EB-5 petitions and applications, Newsweek reported.
For nearly all forms, payments must correspond to the lower rates, and only petitions that are postmarked on or before November 26, 2025, will be accepted with the previously higher, now-rescinded fees. Forms submitted after this date must adhere to the reduced rate to avoid rejection by USCIS. Comprehensive fee schedules and forms can be found on the USCIS website.
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Here's what USCIS said
In its formal guidelines, USCIS stated: “In accordance with the November 12 order, and effective immediately, USCIS will accept the fees that were in effect until March 31, 2024.” The organization made it clear that petitioners and applicants “should pay fees according to the 'Current Fee' schedule, not the higher 'Previous Fee' schedule.”
USCIS admitted compliance after the decision, despite its disapproval with the court's rationale. The department stated in its public advisory that “DHS and USCIS believe the Court's decision is incorrect but are working to implement it.”
