Court Issues Partial Stay of DHS’ 2024 U.S. Citizenship and Immigration Services Fee Rule – What It Means for Investors & Immigration-Programme Partners
On 12 November 2025, a U.S. federal court issued a partial stay of the Department of Homeland Security’s 2024 fee-rule for the U.S. immigration system, which includes new fee levels adopted by USCIS.
The stay means that some of the fee increases under the rule are temporarily blocked, while other fees remain in effect.
This development is significant for those advising or participating in residency, citizenship or investment-immigration programmes—especially for investors and service providers.
Key take-aways:
The court found that DHS/USCIS had not completed required steps (such as a fee study) for certain fee increases.
Fees affected include those under the EB‑5 Immigrant Investor Program and other benefit-request categories.
For now, applicants and petitioners may be able to file or pay using the pre-rule (earlier) fee amounts in the affected categories.
USCIS has yet to issue full guidance on refunds for those who already paid the increased fees, or on how remaining fee increases will be handled.
Implications for our clients and partners:
Since we specialise in investor-immigration and referrals between jurisdictions, this stay gives a window of opportunity and also a reminder of the uncertainty in the U.S. side of the market. If you are preparing U.S. filings or advising clients on timing, you should monitor for new USCIS instructions.
It may be prudent to:
Confirm which specific forms/fee lines are stayed vs still in effect.
Review whether a lower (pre-increase) fee applies in your case.
Keep documentation if higher fee has already been paid—any refund path may depend on future guidance.
Advise clients about the potential for further changes in U.S. fee policy and budget pressures.
What’s next:
USCIS and DHS will need to revise their fee rulemaking for the stayed portions, which may lead to further legal challenges and new effective dates. We will track these developments closely and update our clients as soon as additional official guidance is published.
Bottom line:
While not a full rollback, the partial stay provides relief in some categories. It reinforces the need for careful timing and up-to-date advice when dealing with U.S. immigration fees and investor programmes.
For further questions about how this affects you or your clients, feel free to get in touch with our team.
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