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A recent federal court decision has temporarily blocked parts of the 2024 USCIS fee rule for the EB-5 program. On November 12, 2025, a court in Colorado ruled that USCIS was not allowed to raise certain EB-5-related fees under the 2024 rule because those fees are controlled by the EB-5 Reform and Integrity Act of 2022.
Because of this ruling, USCIS is now accepting the older fees that were in place before April 1, 2024 for the affected EB-5 forms. These are listed in the “Current Fee” schedule on the USCIS website. Applicants should follow this “Current Fee” schedule when filing.
USCIS will temporarily accept the higher 2024 fees only for filings postmarked on or before November 26, 2025. After that date, applications using the higher fee will be rejected.
All filings must use the most up-to-date version of each form. USCIS has posted a chart showing which forms and fees are affected so applicants can confirm the correct amount before mailing their applications.
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This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033, or complete our contact form
