Court Blocks EB-5 Visa Fee Hike, Offers Relief for Green Card Seekers

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A federal court has dealt a significant blow to the US Department of Homeland Security's (DHS) plan to increase fees for the EB-5 immigrant investor visa program. The decision, handed down on November 12, 2025, has restored lower fees for green card seekers who rely on the program to secure permanent residency. The EB-5 program allows foreign investors to gain green cards by investing in US businesses that create jobs. However, the proposed fee hike had raised concerns among international investors and regional hubs involved in job creation in the United States. According to the court's ruling, the DHS and US Citizenship and Immigration Services (USCIS) cannot enforce the increased fees established in the 2024 USCIS Fee Rule. This means that applications for the EB-5 visa will now be processed under the lower fee structure that was in place before the new rule took effect on April 1, 2024. As a result, 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. The reduced fees will be in effect until further notice, and USCIS has advised petitioners and applicants to pay fees according to the 'Current Fee' schedule to avoid rejection. The decision has been met with relief by green card seekers who had been facing significant financial obstacles. While the DHS and USCIS have expressed their disapproval of the court's decision, they have pledged to comply with the ruling. In a statement, USCIS said: "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 has urged petitioners and applicants to review the current fee schedule on the USCIS website to ensure compliance with the new fee structure.