We Have Secured Victory and Stopped USCIS’ Illegal April 2024 EB-5 Fee Increase

On November 12, 2025, Judge Charlotte N. Sweeney held that USCIS’ April 2024 Fee increase was illegally promulgated in violation of the EB-5 Reform and Integrity Act (“RIA”). Specifically, the Court held that all EB-5 related fees are to be stayed pending USCIS’ plan to fully implement the RIA-required fee study, which is currently in the public comment stage. The case caption is Moody et al. v. Mayorkas, 1:24-cv-00762-CNS. A copy of the decision is attached. We previously covered this lawsuit at the time of the Complaint filing. The Plaintiffs are represented by The Galati Law Firm, Bless Litigation, and Wasden Law.

In Moody, the Plaintiffs (including the American Immigrant Investor Alliance) alleged that USCIS’ sharp fee increases violated the RIA because the increases were enacted before the signature legislation’s required fee study. These increases were as follows:

Form	Previous Filing Fees	Current Filing Fee Effective 4/1/2024	Difference % Increase in Fees
I-526/I-526E	$3,675	$11,160	204%
I-829	$3,750	$9,525	154%
I-956	$17,795	$47,695	168%
I-956F	$17,795	$47,695	168%
I-956G	$3,035	$4,470	47%

In ruling for the Plaintiffs, the Court held:

At bottom, [the RIA] imposes a mandatory requirement: complete the fee study, then, after doing so, set fees for USCIS services. Defendants acknowledge as much. […]The Court declines to interpret a provision that doesn’t impose a requirement…as permitting USCIS to do something before completing [the] required fee study, and therefore in contravention of [the RIA] itself. […] Congress telling USCIS to hang tight while the mandatory fee study was being completed doesn’t mean USCIS could do whatever it liked until the study was completed…It follows, for the reasons set forth above, that USCIS acted contrary to the Act, and therefore acted contrary to law.

The Court has stayed the fee rule, meaning that the previous fees should now be in effect. However, USCIS has yet to respond with guidance. This is a developing story. We will update our readers with more information as it becomes known.

The comment period for USCIS’ plan to implement the fee study is open through December 22, 2025. If you would like to read the Proposed Rule and leave a public comment, you may do so here.

Finally, we would like to thank Associate Attorneys Alexandra George Santhanam and Halston Chavez for their tireless work on this case. For more information about impact litigation, contact us today.

Moody.pdf

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