US reverses steep 2024 fee hike for EB-5 investor visa after court ruling

The US Citizenship and Immigration Services (USCIS) has withdrawn its 2024 fee increases for the EB-5 immigrant investor visa program after a federal court in Colorado ruled that the agency had raised fees unlawfully. The decision reinstates earlier, lower fees for investors and regional centers that participate in the visa scheme.

A Northern District of Colorado judge found that USCIS failed to conduct a required fee study before implementing the new rates. The court held that this violated both the 2022 law reauthorizing the regional center program and the Administrative Procedure Act. The ruling was issued on November 12.

The EB-5 program provides a route to permanent US residency for foreign nationals who invest in projects that create American jobs. Most of these investments flow through regional centers, which pool investor funds. Congress reauthorized the program in 2022 after a brief lapse.


The future of the EB-5 program came under scrutiny earlier this year following the launch of President Donald Trump’s “gold card” visa initiative. Initially, officials indicated it could replace the EB-5 pathway, but a later executive order in September clarified that the new visa would instead apply to high-skilled green card categories.

Following the court’s decision, USCIS announced that it will accept the fee schedule effective before March 31, 2024. The cost of filing the I-526 form, the first step for immigrant investors, will fall from over $11,000 to $3,675. Petitions to remove conditions on permanent residency will revert from more than $9,500 to $3,750. Fees for regional center designation applications will drop from nearly $48,000 to $17,795.

Immigration Benefit Request	Current Fee (based on 03/31/24 Fee*)	Previous Fee** (04/01/24)
Form I-526, Immigrant Petition by Standalone Investor	$3,675	$11,160
Form I-526E, Immigrant Petition by Regional Center Investor	$3,675	$11,160
Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status	$3,750	$9,525
Form I-956, Application for Regional Center Designation	$17,795	$47,695
Form I-956F, Application for Approval of an Investment in a Commercial Enterprise	$17,795	$47,695
Form I-956G, Regional Center Annual Statement	$3,035	$4,470

*Reinstated as of Nov. 13, 2025.
**For information only. Do not pay this amount.


USCIS stated that it had already proposed a new fee rule last month based on an internal cost study. The proposal suggested increases lower than those in the 2024 regulation but still above the restored levels. The agency has said it will comply with the court order while reviewing future fee adjustments for the EB-5 program.