USCIS Fee Hike Ruled Unlawful: EB-5 Investors Sue for Refunds in 2026

A group of EB-5 investors has filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) demanding refunds of filing fees paid under a fee schedule that a federal court has since ruled unlawful. The legal challenge follows a judicial determination that USCIS exceeded its authority when it implemented a significant fee hike, opening the door for affected petitioners to seek restitution. The fee increase in question was part of a broader USCIS restructuring of its fee schedule, which raised costs substantially across multiple visa categories. For EB-5 investors, who are required to make substantial capital investments in U.S. enterprises in exchange for lawful permanent residence, the additional fees represented a significant financial burden on top of already considerable investment thresholds. The court's ruling that the fee hike was unlawful marks an important precedent for all employment-based immigration applicants, including those in the EB-3 category. If USCIS is found to have improperly collected fees, it could set a legal standard limiting the agency's discretion in unilaterally raising filing costs without proper regulatory procedures, such as notice-and-comment rulemaking under the Administrative Procedure Act. For EB-3 applicants and sponsors tracking USCIS costs in 2026, this case is worth monitoring. A favorable ruling for the plaintiffs could result in fee rollbacks or tighter constraints on future USCIS fee increases across all employment-based categories. Applicants who paid fees under the challenged schedule may wish to consult with an immigration attorney about their eligibility for any potential refund claims.