On Nov. 12, 2025, the United States District Court for the District of Colorado had issued a decision in Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), staying certain EB-5 related fees that were codified by DHS in the 2024 Fee Rule, which became effective April 1, 2024. The court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule.
In accordance with the Nov. 12 order, and effective immediately, USCIS will accept the fees that were in effect until March 31, 2024, which are listed in the “Current Fee” schedule below. Petitioners and applicants should pay fees according to the “Current Fee” schedule, not the higher “Previous Fee” schedule. However, for items postmarked Nov. 26, 2025 or earlier, USCIS will also accept payment of the “Previous Fee.” For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the “Previous Fee.”
Requests should be submitted on the current version of the relevant form. The following table summarizes the applicable forms and fees.
| 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.
Last year USCIS had published a final rule to adjust certain immigration and naturalization benefit request fees. The new fees rate went into effect on April 1, 2024.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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