In a major relief for EB-5 visa applicants, a U.S. district court has invalidated the substantial fee hikes introduced in April 2024, restoring the earlier and significantly lower fee structure with immediate effect. The ruling benefits thousands of global investors, including hundreds from India, who rely on the EB-5 program as a pathway to U.S. permanent residency.
U.S. District Judge Charlotte Sweeney held that the U.S. Citizenship and Immigration Services (USCIS) implemented the fee increases without conducting a mandatory fee study, as required by the EB-5 Reform and Integrity Act (RIA). The court’s finding has opened the door to potential restitution claims, with a class-action lawsuit expected to follow.
Attorneys representing the plaintiffs, including the American Immigrant Investor Alliance (AIIA), welcomed the judgment, calling the fee hike “brazenly illegal and at odds with the RIA.” As a result, fees for key EB-5 forms have reverted to pre-April 2024 levels: the Form I-526E filing fee drops from $11,160 to $3,675, and Form I-829 lowers from $9,525 to $3,750.
The EB-5 program enables foreign nationals to obtain a U.S. green card through an investment of $800,000 to $1.05 million in job-creating ventures, requiring the creation of at least 10 full-time American jobs. The route continues to gain traction among Indian H-1B professionals and high-net-worth individuals due to faster processing times compared to traditional employment-based immigration categories.
Between April 2022 and January 2025, 9,878 EB-5 petitions were filed, with India accounting for 1,790 applications—18 percent of the total—according to FOIA data obtained by AIIA. China remained the largest source market, contributing over half of all filings.
AIIA noted that the ruling is particularly meaningful as it affirms the organization’s legal standing to represent EB-5 investors. The court also rejected government claims of “no injury,” finding that doubling fees without a fee study caused measurable harm.
While the fee hike has been stayed, the broader litigation continues. A joint status report is expected in January 2026, and AIIA is evaluating further legal action to recover excess fees paid since April 2024. An appeal by the Department of Homeland Security remains possible, potentially extending the case’s legal trajectory.
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