Court Order on Partial Stay of DHS 2024 USCIS Fee Rule
Court decisionPublished Nov 18, 2025Changes requirements
A USCIS announcement describes the agency's own action. Legal effect, and the detail of how it applies, usually arrives separately in the Federal Register or the USCIS Policy Manual.
On Nov. 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), staying certain EB-5 related fees that were codified by DHS in the 2024 Fee Rule, which became effective April 1, 2024.
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EB-5 immigrant investor
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EB-5 immigrant investor: “On Nov. 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), staying certain EB-5 related fees that were codified by DHS in the 2024 Fee Rule, which became effective April 1, 2024.”
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This final rule adjusts the Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also codifies provisions of the EB-5 Reform and Integrity Act of 2022, implements new statutory requirements, and addresses public comments received on the proposed fee rule published on October 23, 2025.
U.S. Citizenship and Immigration Services (USCIS) is updating fees for the EB-5 Immigrant Investor Program to ensure EB-5 fees fully recover the cost of operating the program, meet statutory processing time goals, and support integrity measures such as audits and site visits.
The Department of Homeland Security (DHS) proposes to adjust Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). This rule also proposes to codify certain elements of the EB-5 Reform and Integrity Act of 2022 and implement new statutory requirements. DHS intends for the rule to provide USCIS with the resources necessary to accomplish the goals of the EB-5 Reform and Integrity Act of 2022 and enhance and maintain the integrity of the EB- 5 program.
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