In a significant ruling, a U.S. District Court has issued a stay on the new EB-5 fees included in USCIS’s recent final fee rule.
The court found that USCIS violated both the Administrative Procedure Act (APA) and the EB-5 Reform and Integrity Act (RIA) by adjusting the I-526/E fees before completing the specific fee study mandated by Congress. This judicial stay blocks the implementation of the disputed EB-5 fee structure, providing crucial procedural clarity and relief to the industry.
Notably, the court did not address the questions of whether any reduced fees would be immediately effective, or whether those who had paid increased fees could expect any sort of refund. However, the day after the ruling was published, USCIS confirmed it would accept the reduced filing fees, which are:
| Form | Fees |
| I-526 / I-526E | $3,675 |
| I-829 | $3,750 |
| I-956 | $17,795 |
| I-956F | $17,795 |
| I-956G | $3,035 |
IIUSA applauds the ruling and will continue to closely track and report on the long-term implications of this decision.
