News & Updates

Why Now Is the Best Time to File an EB-5 Application

By Attorneys Zhengquan Xie, Jiarui Yin, Qian Zhao, Haochun Ling

Recently, a landmark federal court decision has brought significant benefits to EB-5 investors. The court ruled that the substantial increase in EB-5 filing fees implemented by U.S. Citizenship and Immigration Services (USCIS) effective April 1, 2024, was “unlawful and invalid,” and ordered an immediate return to the fee levels in effect prior to April 2024.

This decision not only directly reduces the costs borne by current applicants, but also opens a rare “low-cost window period” for families planning to pursue EB-5 immigration.

By examining the background of the court ruling, changes in filing fees, policy trends, and investment strategies, this article provides an in-depth analysis of why now is the best time to submit an EB-5 application.

I. Why Did the Court Overturn the 2024 EB-5 Fee Increase?

Under the EB-5 Reform and Integrity Act of 2022 (RIA), USCIS is required to complete a dedicated fee study before adjusting fees related to the EB-5 program. However, USCIS implemented a significant fee increase on April 1, 2024, without completing the required fee study.

As a result, the American Immigrant Investor Alliance (AIIA) filed a lawsuit. Federal Judge Charlotte N. Sweeney ultimately ruled that USCIS’s actions were “arbitrary, capricious, and not in accordance with law.”

The court ordered that all EB-5-related filing fees be restored to their pre-increase levels, at least through the end of 2025.

This ruling has created a rare opportunity for EB-5 investors to benefit from a temporary reduction in costs.

II. How Significant Is the Fee Difference Before and After the Reversal?

Originally scheduled April 2024 fee increases vs. current restored fees:

The increases would have ranged from two to three times the prior fees, significantly raising the financial burden on investors. With fees now rolled back, an EB-5 applicant can save approximately:

• About $7,500 on Form I-526E
• About $5,800 on Form I-829
• More than $13,000 in total

These savings are especially meaningful for families budgeting carefully or comparing EB-5 with other immigration pathways.

III. Why Is Now a Strategic Window for Filing an EB-5 Application?

Based on current policies and industry trends, three major advantages are converging at the same time—a rare occurrence in the history of the EB-5 program:

1. Filing Fees Are at a Multi-Year Low

Thanks to the court ruling, applicants are benefiting from historically low fees. Meanwhile, the Department of Homeland Security (DHS) has already issued proposed new fee rules, which are not expected to take effect until 2026, suggesting future increases are likely.

2. A Relatively Stable Adjudication Environment

USCIS EB-5 processing has become more stable overall, with fewer policy shifts than in prior years, making outcomes more predictable.

3. High-Quality Projects Are Still Available Before Demand Surges in 2025

Industry trends indicate that favorable policies combined with lower costs may lead to a surge in EB-5 demand in 2025, potentially intensifying competition for quality projects.

4. EB-5 Visa Backlogs Have Not Yet Officially Begun

While many in the industry believe a “hidden backlog” may already exist, as long as the U.S. government has not officially announced visa retrogression, EB-5 applicants who file now can still pursue concurrent filing, allowing them to obtain employment authorization and advance parole (a “combo card”) earlier. Even without concurrent filing, earlier submission secures an earlier priority date.

In short: the earlier you file, the earlier you lock in your priority date and secure access to high-quality projects.

IV. Risks of Delaying: What Might Happen If You Wait Until 2026?

Potential adverse consequences include:

• Higher filing fees (under proposed new rules)
• Possible visa backlogs and longer processing times
• Increased global demand and competition
• Limited availability of high-quality projects

In other words, costs, timing, and opportunities may all move in an unfavorable direction.

Conclusion: A Rare Dual Window of “Low Cost + Low Risk” Not to Be Missed

Considering the current judicial ruling, policy environment, and market dynamics, EB-5 investors are now in a uniquely strategic position:

• Significantly reduced filing costs
• New fee rules not yet finalized
• High-quality projects still available, with competition not yet at its peak

For families seeking U.S. permanent residence through investment, filing an EB-5 application now may represent the most cost-effective, predictable, and advantageous window of opportunity.

Disclaimer

This article is a general legal information piece prepared by Attorney Zhengquan Xie’s law firm for the Chinese community and is primarily academic in nature. It does not constitute legal advice for any individual case. Readers who already have legal counsel should consult their own attorneys, who are familiar with their specific circumstances. Clients of Xie Law Firm or readers without their own attorneys are welcome to contact Attorney Xie for consultation. Reproduction of this article is permitted only if the content is not altered and the source is properly credited.

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