U. S. District Judge Charlotte N. Sweeney issued an order on Nov. 12, 2025, in the case Moody et al. v. Mayorkas et al., holding that USCIS violated the EB-5 Reform and Integrity Act of 2022( RIA) by implementing the fee rule before completing a congressionally mandated fee study.

The court ordered that all EB-5-related fees be stayed, effectively rolling them back to pre-April 2024 levels pending USCIS’ s full implementation of the statutorily required fee study, which is currently in the public comment stage.

" This was a great team effort and an amazing result,” said Matthew T. Galati, who spearheaded the litigation effort.“ We were vindicated that USCIS has to follow the deadlines that Congress imposes upon it. We were also vindicated in showing that groups of investors can come together and sue on behalf of their membership suffering from such illegal actions."

FEES ROLLED BACK— OVER 200 % REDUCTIONS

As a result of the ruling, EB-5 filing fees reverted to their prior levels, producing dramatic reductions across the program:

• Form I-526 / I-526E( Immigrant Petition by Investor): reduced from $ 11,160 to $ 3,675( a 204 % increase reversed)

• F orm I-829( Petition to Remove

The decision represents one of the most consequential judicial interventions in the EB-5 program since its reform under the RIA

Conditions): reduced from $ 9,525 to $ 3,750( a 154 % increase reversed)

• Form I-956 / I-956F( Regional Center and Project Filings): reduced from $ 47,695 to $ 17,795( a 168 % increase reversed)

• Form I-956G( Annual Statement): reduced from $ 4,470 to $ 3,035 These reductions apply immediately. USCIS, while stating it believes the court’ s decision is“ incorrect,” has updated its website and is currently accepting filings at the lower, courtmandated fee levels.

THE LEGAL CHALLENGE THAT CHANGED THE LANDSCAPE The case was brought by a coalition of plaintiffs, including the American Immigrant Investor Alliance( AIIA), and was successfully litigated by The Galati Law Firm, Bless Litigation and Wasden Law. The attorneys led the challenge, arguing that USCIS and the Department of Homeland Security( DHS) violated both the Administrative Procedure Act( APA) and an explicit statutory mandate in the RIA.

At the heart of the case was a clear legislative requirement: Congress directed USCIS to complete and publish a comprehensive EB-5 fee study before adjusting program fees. The plaintiffs demonstrated that USCIS implemented massive fee increases before completing that required study, rendering the rule unlawful.

Judge Sweeney agreed, writing that the RIA“ imposes a mandatory requirement: complete the fee study, then set fees for USCIS services,” and rejected the government’ s argument that it could act freely while the study was pending.“ Congress telling USCIS to hang tight while the mandatory fee study was being completed doesn’ t mean USCIS could do whatever it liked until the study was completed,” the court held.

GALATI: A CHECK ON EXECUTIVE OVERREACH Galati characterized the ruling as a critical reaffirmation of legislative authority and judicial oversight. In essence, the court made clear that federal agencies are bound by the laws Congress passes, and cannot sidestep statutory requirements— even in the name of administrative convenience.

The decision represents one of the most

As a result of the ruling,

EB-5 filing fees reverted to their prior levels, producing dramatic reductions across the program

consequential judicial interventions in the EB-5 program since its reform under the RIA.

A TEMPORARY WINDOW— AND A STRATEGIC MOMENT While the fee rollback is significant, it may be short-lived. DHS has already drafted a new proposed fee rule based on the nowcompleted fee study, which remains open for public comment through Dec. 22, 2025. Under the proposal, EB-5 fees would rise again— though proposed to be not as high as the invalidated April 2024 levels.

In the meantime, the industry is responding quickly. Some attorneys saw a surge in filings as investors seek to take advantage of the substantially reduced costs.

REFUNDS AND WHAT COMES NEXT For investors and stakeholders who paid the higher fees between April and November 2024, the issue of refunds remains unresolved.

For now, the court’ s ruling secured through the efforts of Galati, Bless, and Wasden ensures that EB-5 stakeholders operate under a dramatically reduced fee structure while USCIS works to comply with the law.

39 ←