Lower EB-5 Filing Fees Reinstated — What Investors Should Know Before Upcoming Changes 

In November 2025, a new court ruling introduced a major shift for the EB5 Immigrant Investor Program. A federal judge reinstated pre-April 2024 USCIS filing fees, temporarily reversing the increases that went into effect earlier this year and lowering costs for today’s investors. The decision, part of an ongoing legal challenge to the 2024 fee rule, requires USCIS to once again accept applications under the prior fee structure until a new rule is finalized. 

This development arises amid continuing efforts by the Department of Homeland Security (DHS) to revise its fee schedule. A new proposed rule—currently open for public comment—could take effect in December 2025 and may once again lead to an adjustment in EB5 costs. 

LCR Capital Partners, committed to keeping investors informed of key policy updates, is closely tracking these changes to help EB5 applicants navigate the evolving regulatory landscape. We believe that taking advantage of the current, lower fees before the higher fees are reintroduced can be a strategic move for individuals contemplating US permanent residency through the EB5 visa.  

New Numbers 

Following the court’s decision, all EB5-related forms—including I-526E, I-829, I-956, I-956F, and I-956G—have reverted to their earlier filing fee levels. USCIS has confirmed that it will temporarily accept applications filed with either the previous (now reinstated) fees or the higher fees instituted in April 2024 until its systems and forms are updated. 

The adjusted EB5 Immigrant Investor Program fees are shown below: 

Impact on Processing Times 

Even as filing costs fluctuate, USCIS continues to face significant backlogs for EB5 petitions (except for petitions related to rural EB5 projects). The EB5 Reform and Integrity Act of 2022 requires DHS to set fees at levels that support adjudication targets—ideally within six months for certain petitions—but those goals have not yet been consistently met. 

Although updated fee structures are designed in part to fund operational improvements, there is not yet clear evidence that they will lead to faster processing times. For now, investors should focus on submitting accurate, well-prepared applications to minimize delays once USCIS begins adjudication. 

Should You Rush Your EB5 Application? 

For individuals and families planning to begin their EB5 journey, this decision presents a timely opportunity. Filing under the reinstated fee schedule could reduce total costs by over $10,000 in the near term, although this fee structure is likely to change again once the 2025 rule is finalized. 

Investors preparing to file should continue to consult their immigration counsel or regional center to confirm the latest requirements and ensure compliance with current USCIS guidance. Acting promptly can secure a priority date and allow investors to benefit from the existing, lower filing fees before new rules take effect. 

LCR Insight 

The unexpected reinstatement of previous EB5 fees underscores the importance of staying agile and up-to-date in a shifting regulatory environment. Although this ruling offers short-term advantages, another (likely higher) adjustment is already on the horizon. 

At LCR Capital Partners, we remain dedicated to helping investors understand and adapt to these developments—providing transparent guidance, compliant project options, and expert support from initial filing through final approval.