EB-5 Filing Fee Ruled Invalid by Court: Why Now Is the Optimal Time to Submit an EB-5 Petition?
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
Recently, a landmark federal court ruling has brought significant good news to EB-5 investors. The court declared that the substantial increase in EB-5 filing fees implemented by U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024, is "illegal and invalid," and immediately reinstated the fee structure in place prior to April 2024. This ruling not only directly reduces the costs borne by current applicants but also opens a rare "low-cost window" for families planning to pursue EB-5 immigration.
This article will conduct an in-depth analysis of why "now" is the best time to file an EB-5 petition, incorporating the ruling background, fee changes, policy trends, and investment strategies.
I. Why Did the Court Overturn the 2024 EB-5 Fee Increase?
Under the explicit provisions of the EB-5 Reform and Integrity Act of 2022 (RIA), USCIS must complete a dedicated fee study before adjusting fees related to the EB-5 program. However, USCIS forced the implementation of a substantial fee hike on April 1, 2024, without completing this required fee study.
In response, the American Immigration Investors Alliance (AIIA) filed a lawsuit. Federal Judge Charlotte N. Sweeney ultimately ruled that USCIS’s actions were "arbitrary, capricious, and inconsistent with legal requirements."
The ruling outcome: All EB-5 filing fees are reinstated to pre-hike levels, to remain in effect at least until the end of 2025.
This means EB-5 investors are witnessing a rare period of cost reduction.
II. What Is the Exact Fee Difference Before and After Reinstatement?
Proposed fee increase (scheduled to take effect April 2024) vs. Currently reinstated fees:
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application form
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Reinstated Fees (Current)
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April 2024 Fee Increase (Voided)
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I-526 / I-526E
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$3,675
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$11,160
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I-829
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$3,750
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$9,525
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I-956F（Regional Center Project Documents）
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$17,795
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$47,695
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Potential Savings Breakdown
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Up to $7,500 saved on Form I-526E
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Up to $5,800 saved on Form I-829
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Total savings exceed $13,000
This cost reduction is particularly critical for applicants planning family budgets or comparing different immigration pathways.
III. Why Is Now a "Strategic Window" to File an EB-5 Petition?
Based on official documents and current immigration policy trends, "now" presents three key advantages that rarely coincide in EB-5 history:
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Fees at Multi-Year Lows
The court ruling allows all applicants to benefit from historically low filing fees. Meanwhile, the Department of Homeland Security (DHS) has issued a new proposed fee rule, with another hike expected only in 2026.
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Relatively Stable Adjudication Environment
Currently, USCIS’s processing of EB-5 petitions is generally stable, with fewer policy fluctuations than in previous years, making the application process more predictable.
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Ample Supply of High-Quality Projects Before the 2025 Demand Surge
Industry trends indicate that favorable policies combined with reduced fees will drive a rise in EB-5 demand in 2025, potentially leading to intensified competition for projects.
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No Official EB-5 Visa Backlog (Yet)
While the industry widely acknowledges the existence of an "unofficial" EB-5 backlog, as long as the U.S. government has not formally announced an official visa backlog, applicants who file now can still pursue concurrent filing of Form I-526E and Form I-485. This allows them to obtain Employment Authorization Documents (EAD) and Advance Parole (Combo Card) ahead of schedule. Even without concurrent filing, EB-5 applicants can secure an earlier priority date.
Conclusion: The earlier you file, the sooner you lock in your priority date and secure a spot in a high-quality project.
IV. Potential Risks of Delayed Filing: What Could Happen if You Wait Until 2026?
Potential adverse consequences include:
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Higher filing fees (the proposed rules already set fees above current levels)
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Possible official visa backlog and longer adjudication times
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Increased competition driven by rising global demand
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Scarce vacancies in high-quality projects
In short, delays would put you at a disadvantage in three key aspects: cost, time, and opportunity.
Closing Remarks: A Rare Dual Window of "Low Cost + Low Risk" Not to Be Missed
Considering the current judicial rulings, policy environment, and market supply-demand dynamics, EB-5 investors are in a period of significant strategic value characterized by:
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Substantially reduced application costs
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New fee rules not yet finalized
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Abundant high-quality projects with competition not yet reaching a fever pitch
For families seeking to obtain U.S. permanent residency quickly through investment, filing an EB-5 petition now may represent the optimal window to maximize benefits with the most controllable costs and highest certainty.
Disclaimer: The above overview is prepared by the XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is for academic discussion purposes only and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. For clients of the Law Office of Zhengquan Xie or readers who have not yet retained counsel, please contact Attorney Xie for specific questions. Any reproduction of this material must be done in full without deletion and with clear attribution to the source.
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