A recent court order reduced certain USCIS filing fees, and EB-5 interest spiked almost overnight. Investors raced to file while the window remained open. Now, many are asking the same question: What happens to those who already paid the higher fees, and could refunds apply? In this article, we explain the order in plain English, outline how it affected EB-5 filing behavior, and walk through key refund considerations with your attorney and regional service team.
What changed and why it mattered for EB‑5
On November 12, 2025, the U.S. District Court for the District of Colorado stayed the EB‑5‑related portions of DHS’s 2024 USCIS Fee Rule. USCIS has since implemented the order and is accepting filings at the pre‑April 2024 amounts. In practical terms, I‑526/I‑526E is $3,675 and I‑829 is $3,750 (other EB‑5 form fees also reverted). USCIS acknowledged the stay and moved quickly to apply the previous schedule. EB5Investors.com
USCIS also announced a short transition period: for packages postmarked on or before November 26, 2025, the agency would accept payment of the previous (higher) fee; filings after that date must use the current lower fee or they will be rejected. If you are budgeting for project documents that reference old fees, update them now.
For context, attorneys and trade publications note that certain regional‑center forms, such as I‑956F, reverted to $17,795, a significant drop from the 2024 increases—another reason many rushed to file.
How investors responded and what we observed
Within days of the order, EB‑5 attorneys reported a clear uptick in consultations and filings, while others saw steadier activity depending on client readiness. The fee rollback helped nudge fence‑sitters to act, but counsel consistently emphasized quality over speed: only file when your record is complete. EB5Investors.com
At the same time, several practitioners flagged that the lower‑fee window may be temporary because DHS has a proposed, EB‑5‑specific fee rule moving through the process (with public comments due December 22, 2025). That proposal—if finalized—would set new EB‑5 fees that are lower than the 2024 rule, but higher than the pre‑2024 amounts now in effect. EB5Investors.com
Refund mechanics: what to ask your attorney and when
Here’s the plain‑English version of what’s known—and what isn’t:
- Fees are generally non‑refundable. Under DHS regulations, USCIS filing fees are non‑refundable; any refund is discretionary and rare. That’s the baseline you and your attorney start from when discussing refunds.
- USCIS has not published a blanket “refund program” for the EB‑5 rollback. The agency implemented the court’s stay and fee reversion, but there is no public guidance promising automatic refunds to filers who paid higher amounts before the order. Practitioner updates and USCIS’s alert focus on what fee to pay now, not retroactive reimbursements.
- Class‑wide relief is being discussed by advocates. According to EB5Investors’ reporting, the American Immigrant Investor Alliance (AIIA) is addressing refund requests and considering class‑action strategies to seek restitution for investors and regional‑center operators who paid elevated fees after April 1, 2024. This is not the same as USCIS agreeing to refunds; it’s external advocacy that may evolve. EB5Investors.com
- If you believe you overpaid, talk to counsel about options—and timing. Your attorney may evaluate whether a service request, a written refund request citing discretionary authority, or other case‑specific steps make sense. Keep in mind that chargebacks and forced refunds of USCIS fees are not permitted except at the agency’s discretion. Maintain copies of receipts, checks, G‑1055 fee schedules in effect at the time of filing, and your postmark/receipt notices.
Bottom line on refunds: treat them as uncertain, plan as if no refund will be issued, and let your attorney decide whether it’s worth a tailored request based on your facts.
Action steps if you plan to file in December or January
- Verify the fee the day you file. Use the current fee schedule and the current form edition—USCIS rejected filings that used the wrong fee after November 26, 2025. Don’t rely on old checklists.
- Budget two scenarios. Price your case at today’s rolled‑back fees and at potential fees under the proposed EB‑5 rule, which is still in the comment period. That avoids surprises if the rule is finalized in early 2026.
- Don’t rush a weak record. Several attorneys cautioned against speed at the expense of a complete, well‑documented filing. If your source‑of‑funds or job‑creation plan isn’t ready, fix it first. EB5Investors.com
- If you already filed at the higher fee, preserve evidence. Keep proof of payment, mailing, and acceptance. Ask your attorney whether a discretionary refund request or other action is advisable in your specific case.
- Track biometrics and ancillary fees. AILA has sought clarification on whether some $85 biometrics fees for certain EB‑5 forms (like I‑956H and I‑829) were reinstated under the old schedule. Watch for official updates. EB5Investors.com
How EB5 Doctors supports you through policy shifts
For H‑1B physicians and dentists—especially Indian nationals—EB‑5 isn’t just an immigration strategy. It’s a path to owning your first U.S. practice while you pursue permanent residence. Our team provides concierge guidance, access to a vetted MSO/DSO network, and coordinated immigration + business planning. For qualified clinicians, partner structures can lower the upfront outlay to about $200K within compliant EB‑5 frameworks, while targeting two to three years to permanent residence.
Ready to map your practice plan and EB‑5 timeline together? Schedule a discovery call with EB5 Doctors.
Legal disclaimer: This is general information, not legal advice. Policies and fees change. Always rely on your attorney and official USCIS notices for case‑specific guidance.
