On November 12, 2025, a federal court docket ruling within the case Moody et al. v. Mayorkas et al. granted reduction to new buyers within the EB-5 program by halting the elevated utility charges launched by the U.S. Citizenship and Immigration Companies (USCIS) on April 1, 2024.
What charges had been elevated?
Right here’s a fast breakdown of the price modifications that had been challenged:
- The Type I-526/I-526E submitting price rose ~204% to $11,160.
These hikes had been a part of a broader rule from USCIS that additionally raised charges in asylum and H-1B classes.
Why the court docket intervened
The decide discovered that USCIS didn’t adjust to the necessities of the EB‑5 Reform and Integrity Act of 2022 (RIA), which required a fee-study earlier than elevating the charges. This was a transparent violation of the Administrative Process Act (APA) and the RIA.
Put merely: A congressionally-mandated examine to justify the price hikes was not accomplished earlier than USCIS carried out the price will increase.
The ruling due to this fact halts the implementation of these price will increase—bringing the price schedule again to pre-April 1, 2024 ranges on a brief foundation.
What occurs subsequent
- USCIS did end a price examine in February 2025.
- In October 2025, USCIS proposed a discount of the charges, however nonetheless above the pre-April 2024 ranges. The proposed revised charges had been underneath public remark (closing December 22, 2025) with a last rule anticipated in early 2026.
- The court docket’s choice doesn’t robotically present refunds to buyers who already paid the upper charges. The trail for recovering overpayments stays unsure.
Why this issues for EB-5 buyers
- Price reduction (for now)
For brand new buyers taking part within the EB-5 program, the instant reduction is evident: the price hikes are not in impact (a minimum of till the subsequent rule is finalized). Meaning decrease submitting prices and presumably a extra predictable budgeting atmosphere.
- Authorized precedent and company accountability
The ruling reinforces that federal businesses like USCIS should observe the procedural necessities laid out by statutes (on this case, RIA and APA) — the court docket has mentioned that USCIS can’t increase charges with out going by way of required procedural necessities.
- Uncertainty forward
Regardless of the ruling, the longer term fee-schedule isn’t settled:
- We don’t but know precisely when or how USCIS will modify the charges of their last rule (anticipated early 2026).
- Although charges might drop, they are going to doubtless stay greater than the pre-April 2024 ranges.
- For buyers who paid the upper charges already, their recourse is unclear. No automated refunds had been mandated by the court docket
- So whereas there’s a brief “win,” long-term prices stay unsure.
- Timing might matter for filings
With decrease (pre-hike) charges quickly restored, new buyers might speed up filings to make the most of the momentary decrease prices.
For brand new buyers weighing whether or not to commit now or wait, timing is now of the essence.
Key Takeaways & Strategic Recommendation
- For those who’re an investor: Monitor the ultimate rule intently. You probably have not but filed, you might have a chance to file underneath the decrease price schedule.
- For those who already filed with greater charges, speak to your legal professional about whether or not you could possibly search reimbursement or declare overpayment.
- Control upcoming charges, and plan for price range changes if charges rise once more.
Backside Line
This court docket ruling represents a significant victory for EB-5 buyers— one which emphasizes that price hikes aren’t simply automated or unchecked. But it surely’s additionally a reminder that momentary reduction from the courts will not be a everlasting decision.
The ultimate rule, to be proposed quickly and topic to public remark, will decide EB-5 prices going ahead.
For those who’re concerned in an EB-5 funding or exploring one, staying on high of regulatory developments and price schedules is essential. This can be juncture to revisit your technique, price range assumptions, and timelines. Contact our workplace as quickly as potential to find out whether or not this can be a good time to file your utility.
Contact Us. If you need to schedule a session, please textual content 619-483-4549 or name 619-819-9204.
Useful Hyperlinks
JOIN OUR NEW FACEBOOK GROUP
Want extra immigration updates? We’ve created a brand new fb group to handle the impression of the brand new government orders and different altering developments. Observe us there!
