Federal Court Blocks EB-5 Fee Increase: What Investors Need to Know in 2025

In a major win for future green card applicants, a U.S. federal judge has temporarily blocked the significant fee increases that USCIS planned for the EB-5 Immigrant Investor Program. The decision provides immediate relief for investors who were concerned about dramatically higher filing costs and more complex administrative requirements expected to take effect in 2025.

This article breaks down what the ruling means, why USCIS attempted to raise fees, how long the freeze may last, and why now may be the ideal moment for investors to file their EB-5 petition.

Why USCIS Planned to Increase EB-5 Fees

USCIS announced in early 2025 that it intended to implement major fee hikes across multiple immigration categories. The EB-5 program was among the most heavily affected. The agency cited several reasons:

• rising administrative costs,

• staffing shortages and backlog reduction efforts,

• investments in digital modernization,

• expanded fraud-detection and compliance programs.

However, many immigration attorneys argued that the proposed increases were excessive, disproportionate, and not adequately supported by economic data. Compared to other visa categories, the planned EB-5 fee hikes were steep enough to discourage many middle-tier investors from applying.

The federal court agreed that USCIS did not sufficiently justify the increase, leading to a temporary block of the rule.

What Exactly Did the Court Block?

The judge issued a ruling preventing USCIS from implementing several key components of its new fee structure. Among the blocked items are:

• the increased filing fee for EB-5 immigrant petitions,

• additional administrative charges for regional centers,

• higher compliance and oversight fees,

• expanded security review charges.

The decision does not cancel the fee increases permanently. It simply pauses USCIS from enforcing the new schedule until the court reviews the case further or USCIS supplies a stronger justification.

For now, investors can still file under the current, lower fees.

Why This Ruling Matters for Investor

1. Lower Filing Costs (for Now)

The difference between the old and proposed fees is substantial — in some cases thousands of dollars per applicant. For families filing multiple petitions, the savings are significant.

2. Increased Accessibility

Had the fee increase gone into effect, many smaller or mid-sized investors—especially those outside the U.S.—would have been priced out of the program. The ruling keeps EB-5 accessible to a broader group of applicants.

3. More Time to Prepare Documentation

Because USCIS fees can change suddenly, investors often rush to file before deadlines. The court’s decision gives applicants time to:

• gather source-of-funds documentation,

• complete due diligence on regional centers,

• prepare comprehensive evidence packages.

How Long Will the Freeze Last?

The court’s decision is temporary. USCIS has several options:

submit a revised economic analysis,

appeal the ruling,

• issue a modified fee schedule,

• wait and reintroduce the increases later in 2025–2026.

Based on similar court cases, the freeze could last a few months — or be overturned much sooner.

Because of this uncertainty, immigration experts recommend filing as early as possible if you're planning to pursue the EB-5 green card.

What Investors Should Do Now

1. Consider Filing While Fees Remain Low

If you were already preparing your EB-5 case, the current window is one of the most financially favorable opportunities in recent years.

2. Gather Source-of-Funds Evidence Early

USCIS heavily scrutinizes documentation proving that your investment capital comes from lawful sources. Collect:

• bank statements

• tax returns,

• employment records,

• business ownership documents,

• gift or inheritance records.

Preparing early reduces the risk of delays or Requests for Evidence (RFEs).

3. Work With Reputable Regional Centers

Given the increased compliance expectations, choosing a reliable regional center is crucial. Look for:

• a strong project track record,

• clear financial documentation,

• transparent reporting,

• stable leadership and compliance systems.

4. Monitor USCIS Announcements

USCIS may adjust its fee proposal quickly. Staying updated through official channels or trusted immigration resources (such as your site GreencardHelper.net) is essential.

Potential Future Changes to EB-5 Fees

Even though the court blocked the 2025 increases, USCIS is unlikely to abandon the idea entirely. The agency has been under financial pressure for years and argues that fee adjustments are needed to remain operational.

Possible future scenarios include:

• a reduced but still higher fee,

• a phased fee increase,

• new compliance surcharges for regional centers,

• an appeal that reinstates the 2025 fees.

For investors, this means the current filing window may be temporary — and financially advantageous.

Is Now a Good Time to Apply for EB-5?

In many ways, yes. The blocked fee increase creates a unique opportunity:

• lower administrative costs,

• more predictable processing,

• less financial pressure on investors,

• a stable regulatory environment (for now).

If you're ready with your source-of-funds documentation and investment strategy, 2025 may be one of the best times to enter the program before future changes take effect.

The federal court's decision to block the EB-5 fee increase is a meaningful victory for investors seeking permanent residency through investment. While the pause may be temporary, it gives applicants valuable time to prepare and submit their petitions without facing significantly higher costs.

As USCIS continues to evaluate fee structures and compliance programs, staying informed and preparing early will be the key to navigating the EB-5 process successfully in 2025.