9 months ago
US Court Reverses EB-5 Fee Increase, Indian Applicants May Seek Refunds
Imagine the government charges a fee to process your application for a special visa to invest in the US.
In April, the government suddenly made these fees much higher.
A court has now said that was not allowed because they didn't follow a required step, which is doing a study before raising prices.
So, the court has put the old, lower fees back in place.
This is good news for people who want to invest in the US, especially from countries like India.
The old price for the first application was about $3,675, but they tried to charge over $11,000.
For another application later, the price went from about $3,750 to over $9,500.
Now, people who already paid the higher fees might be able to get their money back.
The program is for people who invest money to create jobs in the US and get a green card.
It's popular with some people from India who find it faster than other job-based green cards.
The fight over these fees is not completely over, and there might be more legal steps.
A US district court has ruled unlawful the steep fee increases for the EB-5 investor visa program implemented in April 2024.
The court found that USCIS raised fees without completing a mandatory fee study, as required by the EB-5 Reform and Integrity Act.
The ruling restores the pre-April 2024 fee structure, significantly lowering application costs for EB-5 applicants, including many from India.
This decision allows applicants to potentially seek refunds for overpaid fees since April 2024.
The EB-5 program requires foreign nationals to invest in US job-creating projects for a green card, and it is popular among Indian H-1B holders and high-net-worth individuals.
- Who
- US District Court, US Citizenship and Immigration Services (USCIS), foreign investors (including those from India), American Immigrant Investor Alliance (AIIA)
- What
- A US district court struck down the April 2024 fee increases for the EB-5 investor visa program, restoring earlier, lower fees.
- Where
- United States
- When
- The fee hikes were imposed in April 2024 and were reversed by a court ruling with immediate effect. A joint status report is due in January 2026.
- Why
- The court ruled that USCIS unlawfully increased fees without completing a mandatory fee study required by the EB-5 Reform and Integrity Act.
Arguments for Reversing Fee Hike
Government's Position (Implied)
Legality of Fee Increase
Arguments for Reversing Fee Hike
The fee increases were unlawful because USCIS raised them without completing a mandatory fee study as required by the EB-5 Reform and Integrity Act.
Government's Position (Implied)
The government (USCIS) raised the fees, implying a belief in their authority to do so.
Harm to Applicants
Arguments for Reversing Fee Hike
Doubling fees without a proper study caused real financial harm to investors, including those from India.
Government's Position (Implied)
The government claimed no injury occurred from the fee hike.
Key facts
- Court Ruling Date
- April 2024 (fee hike imposition), Judgment date not specified but effective immediately
- Issuing Court
- US District Court
- Rule Overturned
- USCIS fee hikes for EB-5 visa applications implemented in April 2024
- Restored Fee (Form I-526E)
- $3,675 (from $11,160)
- Restored Fee (Form I-829)
- $3,750 (from $9,525)
- EB-5 Investment Minimum
- $800,000 to $1.05 million
- Indian EB-5 Filings (April 2022 - Jan 2025)
- 1,790 (18% of total)
Timeline
US tightens H-1B visa rules for foreign workers.
Fiscal Year 2026 H-1B cap reached; some petitions still processed.
Visa Bulletin signals delays, but offers hope for families.
Then, Indian applicants see major EB-1, EB-2, EB-3 gains.
December bulletin further accelerates their green card path.
Quotes
An attorney representing the plaintiffs, including the American Immigrant Investor Alliance (AIIA)
An attorney representing the plaintiffs in the EB-5 visa fee hike case.
“These fee raises were brazenly illegal and at odds with the RIA.”
businesstoday.in
An AIIA spokesperson
A spokesperson for the American Immigrant Investor Alliance (AIIA).
“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.”
businesstoday.in
Sources
US December visa bulletin 2025: India sees broad EB green card advancemnet as a key category unlocked
US court reverses EB 5 fee increase, Indian applicants may seek refunds
December US Visa Bulletin: EB-1, EB-2 dates advance, Department of State releases key deadlines for applicants
Relief For Indians! EB-1, EB-2 Dates Move Forward In Latest US Visa Bulletin
