A significant development occurred last week in the EB-5 Program: a federal court reinstated the pre-April 2024 USCIS filing fees for all EB-5 forms, including Form I-526E. USCIS has now updated its website to confirm that these lower fees are legally in effect following the court’s decision in Moody et al. v. Mayorkas et al.
What Changed?
Effective immediately, EB-5 investors and regional centers may file using the restored fee schedule, including:
- Form I-526/I-526E: $3,675 (plus the $1,000 Integrity Fund fee)
- Form I-829: $3,750
- Form I-956 & I-956F: $17,795
- Form I-956G: $3,035
USCIS is also temporarily accepting filings with either the restored lower fees or the higher April 2024 fees while it updates its internal systems and publications.
Looking Ahead
DHS has proposed a new fee rule—scheduled for December 2025—that would again adjust EB-5 filing fees. Because it is still in the public comment phase, those proposed fees are not yet final and may change before taking effect.
CanAm will continue tracking updates closely and will share additional guidance as USCIS releases more information.
