Temporary shift in USCIS fee requirements impacts investors and applicants.
Washington, D.C., November 21, 2025 – A recent federal court ruling has temporarily changed the fee requirements for the EB-5 visa program, offering short-term relief to petitioners while ongoing litigation continues. On November 12, 2025, the U.S. District Court for the District of Colorado issued a decision that prevents the Department of Homeland Security from enforcing certain EB-5 fee increases introduced in the 2024 fee rule.
As a result, U.S. Citizenship and Immigration Services (USCIS) has announced that applicants must now use the fees listed in the Current Fee schedule, instead of the higher Previous Fee schedule. This adjustment will remain in place while the legal challenge moves forward.
Key Updates for EB-5 Applicants
In the case of Moody v. Noem, the court temporarily blocked DHS from applying certain updated fees. Effective immediately, USCIS will accept the older, lower fees listed under the Current Fee schedule for specific EB-5 program forms.
USCIS has also confirmed that it will accept payments using the Previous Fee amounts only if they are postmarked on or before November 26, 2025. Any filings sent after that date using the Previous Fee will be rejected. Petitioners must ensure their applications are submitted using the correct, updated fees and must use the current version of the required forms.
According to the agency, DHS and USCIS disagree with the court’s ruling but are complying with the order as required.
What This Means for Investors
For now, EB-5 applicants benefit from temporarily lower fees, but this situation may change once the legal process concludes. Applicants are encouraged to double-check the Current Fee schedule before submitting forms to avoid delays or rejections.
BAL’s U.S. Practice Group will continue to monitor the litigation and provide timely updates as new developments arise.
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