United States | EB-5 visa program fee updates

Pursuant to a Nov. 12, 2025, ruling by a federal district court, while further litigation is pending, U.S. Citizenship and Immigration Services will accept certain EB-5 visa program fees that were in effect until March 31, 2024, emphasizing, “Petitioners and applicants should pay fees according to the ‘Current Fee’ schedule, not the higher ‘Previous Fee’ schedule.”

Key Points:

• In Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), the United States District Court for the District of Colorado issued a decision on Nov. 12, 2025, preventing the Department of Homeland Security from adjusting certain EB-5 visa program fees codified in the 2024 fee rule.
• Effective immediately, USCIS will accept certain EB-5 visa program fees listed in the “Current Fee” schedule with applicable forms and fees that can be found here.
• USCIS will also accept payment of the “Previous Fee” for EB-5 program items postmarked Nov. 26, 2025, or earlier.
• According to USCIS guidance, “For items postmarked after [Nov. 26, 2025], 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.

Additional Information: DHS and USCIS stated they “believe the Court’s decision is incorrect but are working to implement it.”

BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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