A federal court in Colorado ruled on Nov. 12, 2025, in Moody v. Noem that DHS had no authority to raise certain EB-5 program fees in its 2024 Fee Rule. Because the court held that the EB-5 Reform and Integrity Act of 2022 blocks DHS from adjusting those fees, the agency must temporarily roll them back—even though DHS and USCIS strongly disagree with the decision. Effective immediately, USCIS is reverting to the pre-April 1, 2024 fee schedule for all affected EB-5 filings. Anyone filing should pay only the “Current Fee.” USCIS will accept the higher “Previous Fee” only for submissions postmarked on or before Nov. 26, 2025. After that date, any filing that includes the higher fee will be rejected outright.