A major relief for EB-5 investors—especially from India—came in November 2025 when a U.S. Federal Court struck down the steep USCIS EB-5 fee hikes introduced in 2024. The ruling immediately rolled back filing fees, making EB-5 applications more affordable once again.

At U.S. Visa India Services, we have been tracking this lawsuit for months, and this decision is expected to re-energize EB-5 demand across India.

Background – Why These EB-5 Fees Were Increased

In April 2024, USCIS sharply increased filing fees:

• I-526E reached USD 11,160

• I-829 reached USD 9,525

• Regional Center filings crossed USD 47,000

The agency cited inflation and processing cost justification. But the EB-5 industry argued the increases violated the EB-5 Reform and Integrity Act (RIA 2022) which requires a proper fee-study before any hike.

What the Court Decided in 2025

On November 12, 2025, in the case Moody et al. v. Mayorkas, a Federal Judge ruled the USCIS fee rule unlawful and ordered restoration of old pre-2024 pricing.

Now Back to Old Fees

Here’s what changed:

USCIS has already acknowledged the rollback and started accepting filings under old pricing again.

Impact for Indian EB-5 Applicants

At U.S. Visa India Services, our analysis shows the key implications for Indian investors:

EB-5 just got significantly cheaper again

The 2024 pricing pushed many Indians to delay filings. Those barriers are now removed.

Best time to file an EB-5 petition

New fee rules are expected again later in 2025–26. So this window should be used strategically.

Possible refund arguments

Investors who already paid hiked fees may push for refunds or compensation—ongoing litigation expected.

Should Indian Investors File Now?

Short answer: Yes, if you already planned EB-5.

Because:

• Fee rollback is temporary

• New pricing frameworks are already under discussion

• Demand from India continues to grow each year

• Priority processing for rural projects continues

At U.S. Visa India Services, we are advising eligible investors not to wait for the next hike cycle.

Why This Court Ruling Matters

This ruling protects investors and sends a message that EB-5 cannot be managed without compliance with RIA and APA regulatory procedures. It improves investor confidence and stabilizes program credibility.

Key Takeaways

• EB-5 fees dropped sharply due to November 2025 ruling

• Savings of $7,000–$30,000 per investor depending on filings

• EB-5 demand from India likely to rise again

• New fee rule may come in 2026

• Filing now may be financially advantageous

Conclusion by U.S. Visa India Services

This is one of the most investor-friendly EB-5 decisions in years and gives a short-term filing opportunity that may not last long. Lower costs mean easier entry and a faster decision-making pathway for Indian investors targeting the U.S. Green Card under the EB-5 category.

At U.S. Visa India Services, our team continuously monitors EB-5 legal developments, project sourcing, RIA compliance, and USCIS rulemaking to support Indian investors with transparent information and strategic advisory.

🔷 Need Filing Assistance?

U.S. Visa India Services – EB-5 Advisory

• I-526E Preparation

• Source of Funds Analysis

• Regional Center Projects

• Rural Priority Projects

• Adjustment of Status

• EAD & Advance Parole Support

📩 Contact us anytime to evaluate EB-5 suitability and current fee opportunities.