In a rare move, the US Citizenship and Immigration Services (USCIS) has proposed reducing several key EB-5 (investment linked green card) visa filing fees, this is a significant shift, given that immigration-related charges have largely risen in recent years due to inflation, staffing costs and processing backlogs.
The proposal spells good news for future investors, particularly because it follows months of ongoing litigation contending that the steep fee hikes introduced on April 1, 2024, were unlawful.
Under the proposed rule, which will take several months to finalise, the fee for filing Form I-526E (initial EB-5 application), which in April 2024 was hiked by 204% to $11,160, will be reduced to $9,625. Similarly, the fee for Form I-829 (to remove conditions on permanent residency) is proposed to drop from $9,535 to $7,860.
The EB-5 program allows foreign nationals to obtain a US green card by investing in job-creating projects. To qualify, investors typically invest $800,000 to $1,050,000, depending on the project's type and/or location, and must create or preserve at least 10 full-time American jobs.
Most investors route their funds through regional centres (USCIS-designated entities) that pool EB-5 capital into large-scale projects. Over 90% of EB-5 investments in recent years have been made through these centres rather than via direct investments.
Despite the high investment threshold, the EB-5 route has attracted growing interest from H-1B workers and high-net-worth individuals in India, as it offers a comparatively shorter wait time for a green card than the decades-long employment-based queue.
Once the EB-5 application is approved and the investor completes a consular interview or adjustment of status, they receive a two-year conditional green card. A second application is later filed to remove these conditions and obtain permanent residency — fees at all stages were significantly increased last year.
Ishaan Khanna, president of the American Immigrant Investor Alliance and one of the plaintiffs in the earlier lawsuit, described the proposed reductions as a “commendable and long-overdue effort” to realign fees with actual processing costs.
“For EB-5 investors the 15–20% lower fees are positive, but we continue to be concerned with processing delays. Even with higher fees in place until the final rule is published, the agency isn’t coming close to meeting the processing time goals Congress established in the Reform and Integrity Act (RIA),” Khanna said.
Immigration attorney Matthew Galati, who represents EB-5 investors in ongoing litigation, welcomed the fee reduction but said it indirectly validates their case.
“It is a pleasant surprise that USCIS is proposing lower filing fees now that the EB-5 Reform and Integrity Act’s fee study is finally completed. We filed a lawsuit (still pending) stating that the 2024 fee rule was unlawful,” Galati said.
With the lower-fee proposal, USCIS is effectively conceding that EB-5 applicants were overcharged for approximately 18 months, he explained. “Future applicants should be very happy with this news. But those who filed from April 2024 through today, and those still awaiting adjudications beyond the RIA’s deadlines despite a surplus of resources, will likely be quite angry,” said Galati.
Court notice cites overcharging
Following the announcement of the proposed fee cuts, attorneys for the investors filed a notice in the Colorado district court on Oct 23, arguing that the government’s move confirms their claim that EB-5 applicants have been overcharged since April 2024 in violation of federal law.
The plaintiffs — led by Samantha Moody and represented by attorneys Galati, Jonathan Wasden and Jesse Bless contend that the current fee levels are “arbitrary, capricious and unlawful,” as the RIA requires fees to reflect only actual processing costs and adhere to 90–240 day timelines. Since the government plans to continue charging the existing rates until the new rule is finalised, the plaintiffs have urged the court to grant summary judgment and strike down the April 2024 fee rule.
The EB-5 program is currently authorised by law, via the EB‑5 (RIA, which re-authorised the program (including the Regional Center component) through September 30, 2027. At present, it is unclear, if post this date, the Gold Card, introduced by the Trump administration will replace the EB-5 program.