A federal court has paused USCIS’s April 2024 EB‑5 fee hikes, restoring the prior (lower) filing fees for now. At the same time, DHS has proposed an EB‑5‑specific fee rule that (1) lays out future fees and a small “technology fee” for I‑526/I‑526E, and (2) clarifies how spouses and children file I‑829s when they aren’t included with the principal investor. Below is what changed, what could change next, and how to time your filing if you’re an Indian physician or dentist planning to own your first U.S. practice through EB‑5.
What changed right now
- Court stay = lower fees restored (temporarily). On Nov. 12, 2025, the U.S. District Court for the District of Colorado stayed the EB‑5‑related portions of USCIS’s 2024 fee rule. Practically, that returns EB‑5 filings to pre‑April 2024 amounts while DHS pursues a compliant rulemaking. USCIS
- Restored amounts investors are using today. Industry and law‑firm updates following the ruling report:
- I‑526E: $3,675
- I‑829: $3,750
- I‑956F (and I‑956 amendments): $17,795
USCIS has acknowledged the partial stay; stakeholders are filing at these legacy amounts pending further action. Erickson Immigration Group
- Integrity Fund fee still applies to regional‑center I‑526E filings. Under the EB‑5 Reform and Integrity Act, USCIS collects an additional $1,000 EB‑5 Integrity Fund fee with each regional‑center I‑526E. That requirement predates this litigation and remains in effect. Federal Register
What could change next (proposed rule)
On Oct. 23, 2025, DHS published an EB‑5‑specific NPRM (notice of proposed rulemaking) that would replace the 2024 schedule with EB‑5‑only fees based on a dedicated fee study. Key proposed items:
- I‑526/I‑526E: $9,530 plus a $95 technology fee (total $9,625) for most cases. GovInfo
- I‑829: $7,860. GovInfo
- I‑956: $28,895 initial; $18,480 amendment.
I‑956F: $29,935. GovInfo - Comment deadline: Dec. 22, 2025 (proposed, not final). GovInfo
Proposed I‑829 family process (clarity that matters):
- If the principal investor is deceased, the spouse and children may file together on a single I‑829.
- In all other situations, any derivative not included on the principal’s I‑829 must file a separate I‑829.
- Timing: A separately filing derivative may file within the same window the principal would have used.
All of this is spelled out in the proposed changes to 8 C.F.R. § 216.6(a)(1)(ii). (Again, this is proposed, not yet final.) GovInfo+1
What this means if you’re an Indian doctor or dentist on H‑1B
- Filing costs are lower—for now. With the court stay, many investors are filing I‑526E at $3,675 (plus the $1,000 Integrity Fund for regional‑center filings) and budgeting I‑829 at $3,750. If timing is tight and your case is otherwise ready, this is a favorable cost window. Erickson Immigration Group+1
- Budget for a future reset. The DHS proposal would raise investor fees above pre‑2024 levels (but below the April 2024 hikes), add a modest tech fee for I‑526/I‑526E, and reduce some regional‑center entity fees versus 2024. Plan scenarios for both the current and proposed amounts. GovInfo+1
- Plan your I‑829 family strategy early. The proposed derivative guidance (joint filing when the investor has died; separate filings in other cases; same filing window) gives families a clearer playbook to document now, even before finalization. GovInfo+1
- Use EB‑5 to pair immigration with ownership. Direct EB‑5 into a medical or dental practice remains a path to control and stability—own the clinic while your case moves. EB5 Doctors provides concierge guidance, access to vetted MSOs/DSOs, and partners that can reduce the upfront investor outlay to about $200K within compliant structures for qualified clinicians.
Quick reference: Before vs. Proposed
- Today (post‑stay): I‑526E $3,675; I‑829 $3,750; I‑956F $17,795; add $1,000 Integrity Fund for regional‑center I‑526E. Erickson Immigration Group+1
- If the proposed rule is finalized: I‑526/I‑526E $9,625 total (incl. $95 tech fee); I‑829 $7,860; I‑956F $29,935; I‑956 initial $28,895 / amendment $18,480. GovInfo+1
Recommended next steps
- Run the numbers both ways. Model cash‑flow and timelines using the current fees and the proposed fees so you can file strategically. GovInfo
- Lock your practice plan. If your goal is first‑time ownership, align the EB‑5 structure (direct vs. regional center) with your clinic acquisition/build timeline, staffing plan, and regulatory milestones. EB5 Doctors can map this end‑to‑end with you.
- Document I‑829 family pathways now. Even as “proposed,” the I‑829 derivative framework is useful for creating checklists and evidence plans you’ll need later. GovInfo+1
- Stay current. The comment period closes Dec. 22, 2025; final fees could differ. We’ll update clients as the rule progresses. GovInfo
Bottom line
- The fee rollback lowers the cost to start an EB‑5 case today. USCIS
- The proposed rule would reset fees and give clearer I‑829 family rules once finalized. GovInfo+1
- For Indian doctors and dentists on H‑1B aiming for practice ownership + permanent residence, this is a timely window to move forward with a plan that fits your clinical goals and budget.
About EB5 Doctors
EB5 Doctors helps clinicians own their first U.S. practice while navigating EB‑5 with concierge guidance, a vetted MSO/DSO network, and coordinated immigration + business planning—built for busy physicians and dentists.
Editorial standards: Prepared in line with EB5 Doctors’ publishing SOP (tone, clarity, and compliance).
Legal note: This article is for general information only and isn’t legal advice. Policies and fees can change; rely on official USCIS notices and your attorney for case‑specific guidance. For context and primary sources, see USCIS’s alert on the court stay and the Federal Register NPRM, along with reputable legal summaries. Visa Lawyer Blog+4USCIS+4GovInfo+4
Ready to map your EB‑5 + practice plan? Book a discovery call with our team at EB5 Doctors.
