Judicial Order Partially Suspends the 2024 EB-5 Fee Increases
On November 12, 2025, a federal court in Colorado issued an order in the case Moody v. Noem that nullifies certain fee increases for the EB-5 program included in the Department of Homeland Security’s (DHS) 2024 Fee Rule. According to the ruling, the EB-5 Reform and Integrity Act of 2022 does not authorize DHS to modify these fees, meaning the increases that took effect on April 1, 2024, cannot be applied. Although DHS and USCIS disagree with the decision, they are implementing the order immediately.
You can also read. “Proposed Repeal of the 2022 ‘Public Charge’ Regulation”
In compliance with this ruling, USCIS will revert to accepting the fees that were in effect up to March 31, 2024, which appear as the “Current Fee” in the official table. During a transition period, payments postmarked through November 26, 2025, may be sent using the “Previous Fee,” but any payment sent after that date using that amount will be rejected. Applicants must ensure they submit the most recent version of each form along with the correct fee amount.
To consult the officially updated fees, you may check the fee schedule published by USCIS at the following link:
USCIS Official Fees (Form G-1055 – Fee Schedule): https://www.uscis.gov/forms/filing-fees
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Proposed Repeal of the 2022 “Public Charge” Regulation
