US court reverses EB-5 fee increase, Indian applicants may seek refunds
The ruling by US District Judge Charlotte Sweeney found that the US Citizenship and Immigration Services (USCIS) raised EB-5 filing fees without completing a mandatory fee study, as required under the EB-5 Reform and Integrity Act (RIA). The judgment is already triggering calls for restitution, with a class-action suit likely to follow.
- Nov 16, 2025,
- Updated Nov 16, 2025 10:15 AM IST
In a significant win for EB-5 visa applicants, a US district court has struck down the steep fee hikes imposed in April 2024, offering financial relief to thousands of foreign investors, including hundreds from India. The court ruled that the increases were unlawful, restoring the earlier, lower fee structure with immediate effect.
The ruling by US District Judge Charlotte Sweeney found that the US Citizenship and Immigration Services (USCIS) raised EB-5 filing fees without completing a mandatory fee study, as required under the EB-5 Reform and Integrity Act (RIA). The judgment is already triggering calls for restitution, with a class-action suit likely to follow.
One of the attorneys representing the plaintiffs, including the American Immigrant Investor Alliance (AIIA), said the decision reinforces that immigration agencies are bound by legal process. “These fee raises were brazenly illegal and at odds with the RIA,” the attorney said, confirming that EB-5 fees will now revert to pre-April 2024 levels.
This reversal means the fee for Form I-526E — the initial EB-5 application — drops from $11,160 back to $3,675, while Form I-829 — used to remove conditions on permanent residency — reverts to $3,750 from $9,525. A separate, pending rule from the Department of Homeland Security could revise fees again, but for now, the old rates apply.
The EB-5 program allows foreign nationals to invest between $800,000 and $1.05 million in US job-creating projects in exchange for a green card. Applicants must create at least 10 full-time American jobs. The route has gained popularity among Indian H-1B holders and high-net-worth individuals, due to significantly shorter wait times compared to traditional employment-based green cards.
From April 2022 to January 2025, 9,878 EB-5 petitions were filed, with 1,790 — or 18 percent — from India, according to data AIIA obtained under the Freedom of Information Act. China accounted for more than half of all filings.
An AIIA spokesperson said the court’s ruling was especially significant because it validated the Alliance’s legal standing to represent investors. The court also agreed that doubling fees without a fee study caused real harm, countering the government’s claims that no injury occurred.
While the fee hike has been stayed, the litigation continues. A joint status report is due in January 2026. AIIA is also exploring legal action to recover overpaid fees from April 2024 onward. An appeal from the Department of Homeland Security could follow, adding further complexity to the case.
In a significant win for EB-5 visa applicants, a US district court has struck down the steep fee hikes imposed in April 2024, offering financial relief to thousands of foreign investors, including hundreds from India. The court ruled that the increases were unlawful, restoring the earlier, lower fee structure with immediate effect.
The ruling by US District Judge Charlotte Sweeney found that the US Citizenship and Immigration Services (USCIS) raised EB-5 filing fees without completing a mandatory fee study, as required under the EB-5 Reform and Integrity Act (RIA). The judgment is already triggering calls for restitution, with a class-action suit likely to follow.
One of the attorneys representing the plaintiffs, including the American Immigrant Investor Alliance (AIIA), said the decision reinforces that immigration agencies are bound by legal process. “These fee raises were brazenly illegal and at odds with the RIA,” the attorney said, confirming that EB-5 fees will now revert to pre-April 2024 levels.
This reversal means the fee for Form I-526E — the initial EB-5 application — drops from $11,160 back to $3,675, while Form I-829 — used to remove conditions on permanent residency — reverts to $3,750 from $9,525. A separate, pending rule from the Department of Homeland Security could revise fees again, but for now, the old rates apply.
The EB-5 program allows foreign nationals to invest between $800,000 and $1.05 million in US job-creating projects in exchange for a green card. Applicants must create at least 10 full-time American jobs. The route has gained popularity among Indian H-1B holders and high-net-worth individuals, due to significantly shorter wait times compared to traditional employment-based green cards.
From April 2022 to January 2025, 9,878 EB-5 petitions were filed, with 1,790 — or 18 percent — from India, according to data AIIA obtained under the Freedom of Information Act. China accounted for more than half of all filings.
An AIIA spokesperson said the court’s ruling was especially significant because it validated the Alliance’s legal standing to represent investors. The court also agreed that doubling fees without a fee study caused real harm, countering the government’s claims that no injury occurred.
While the fee hike has been stayed, the litigation continues. A joint status report is due in January 2026. AIIA is also exploring legal action to recover overpaid fees from April 2024 onward. An appeal from the Department of Homeland Security could follow, adding further complexity to the case.