On November 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced adjustments to certain EB-5-related fees under a district court order in Moody v. Noem, issued November 12. The order stayed certain fees codified by the Department of Homeland Security (DHS) in the 2024 Fee Rule, which became effective April 1, 2024. USCIS noted that the court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule. DHS and USCIS said they “believe the Court’s decision is incorrect but are working to implement it.”
Effective immediately, USCIS will accept the fees that were in effect until March 31, 2024, which are listed in the “Current Fee” schedule in USCIS’s announcement. USCIS said that in general, petitioners and applicants “should pay fees according to the ‘Current Fee’ schedule, not the higher ‘Previous Fee’ schedule.” However, for items postmarked November 26, 2025, or earlier, USCIS will also accept payment of the Previous Fee. For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the Previous Fee.
