EB-5 visa fee hike withdrawn after USCIS raised investor charges by 200%

A federal court has ruled that USCIS unlawfully raised EB-5 visa fees without a statutory fee study, prompting the agency to withdraw the 2024 hike

The US Citizenship and Immigration Services (USCIS) has withdrawn its 2024 fee increases for the EB-5 immigrant investor visa programme after a federal court in Colorado found that the agency had raised charges unlawfully. Some of the withdrawn fees had risen by more than 200 per cent, making the reversal a major relief for investors and regional centres that use the scheme.

 

A judge at the Northern District of Colorado ruled that USCIS had failed to carry out a required fee study before introducing the higher charges. The court said this breached the 2022 law that reauthorised the regional centre programme and the Administrative Procedure Act. The ruling was issued on November 12.

 

USCIS is again accepting the fee schedule that existed before the rule took effect.

 

The fee for Form I-526, Immigrant Petition by Standalone Investor, has fallen from $11,160 to $3,675. Reductions apply across other EB-5 forms as well. For most applications, payments must now match the lower rates. Petitions postmarked on or before November 26, 2025, may still be accepted with the higher amounts, but anything filed after that will need to meet the reduced charges or face rejection. Updated forms and fee tables are available on the USCIS website.

 

The fee for Form I-829, which is used to remove conditions on permanent residency, drops from above $9,500 to $3,750. Fees for regional centre designation applications fall from nearly $48,000 to $17,795.

 

What is the EB-5 visa

 

The EB-5 visa is a US immigrant investor route under the employment-based fifth preference category. It allows foreign nationals to invest at least $800,000 (around ₹7 crore) into an eligible US business that creates or preserves at least 10 jobs for American workers.

 

The visa covers the investor, their spouse, and unmarried children under 21. Once approved, the family receives US green cards.

 

The scheme came under fresh attention earlier this year following President Donald Trump’s “gold card” visa rollout. Early remarks from officials suggested it could take the place of EB-5, but a later executive order in September clarified that the new pathway would apply to high-skilled green card categories instead.

 

Revised EB-5 fee

 

Form I-526 (standalone investor): $3,675 (previously $11,160)

Form I-526E (regional centre investor): $3,675 (previously $11,160)

Form I-829 (remove conditions): $3,750 (previously $9,525)

Form I-956 (regional centre designation): $17,795 (previously $47,695)

Form I-956F (project approval): $17,795 (previously $47,695)

Form I-956G (annual statement): $3,035 (previously $4,470)

 

USCIS has said it proposed a new fee rule last month, based on an internal cost study. That proposal suggested increases lower than the April 2024 levels but still higher than the restored amounts. The agency said it will follow the court order while reviewing future fee changes.

 

According to immigration firm Murthy Law, “the court’s decision to strike down the April 2024 fee increases provides immediate financial relief to EB5 programme participants and reinforces that immigration agencies must follow statutory procedural requirements when adjusting fees”. The firm added that while investors can now file at the lower levels, they should be prepared for adjustments once USCIS completes proper rulemaking. Those who paid higher fees since April 2024 may wish to discuss possible refunds or recovery steps with legal counsel.

 

Surge in Indian EB-5 demand

 

Demand from Indian nationals has risen strongly since April 2024, according to the American Immigrant Investor Alliance (AIIA). The group links the trend to tighter US controls on student and temporary work visas under President Trump.

 

“In the first four months of FY2025 alone, Indian applicants filed more than 1,200 I-526E petitions across reserved categories—more than any prior full year,” said Nicholas Mastroianni III, president and CMO of United States Immigration Fund (USIF), which runs EB-5 regional centres in the US.

 

AIIA data released through the Freedom of Information Act shows that Indian EB-5 petitions since October 2022 have crossed 1,790.

 

Year-wise Indian EB-5 filings

 

FY2020: Around 290

FY2021: 80–100 (affected by Covid-19)

FY2022: Over 1,100 (after the Reform and Integrity Act)

FY2023: Around 650–700

FY2024: Around 600–700

FY2025 (October 2024 to January 2025): Over 1,200

 

“If this pace continues, India could cross 2,000 filings by the end of 2025,” said Mastroianni.