Money and structure

Moody v. Noem

Also called Moody v. Mayorkas, Moody.

Moody v. Noem is the District of Colorado case in which the court, on 12 November 2025, stayed the EB-5 fees set by the 2024 USCIS fee rule, holding that the EB-5 Reform and Integrity Act of 2022 barred DHS from adjusting them, so USCIS went back to the amounts that had applied until 31 March 2024.

What it decides

No. 24-cv-00762-CNS (D. Colo.), before Judge Charlotte N. Sweeney, filed under the original caption Moody v. Mayorkas. The order was a partial stay: it reached the EB-5 fees only and left the 2024 rule standing for every other USCIS form, so the I-485, I-765 and I-131 increases stand, as does the Asylum Program Fee. USCIS reinstated the earlier EB-5 amounts as of 13 November 2025 and now accepts $3,675 for Form I-526 and for Form I-526E, $3,750 for Form I-829, $17,795 for Form I-956 and for Form I-956F, and $3,035 for Form I-956G. 8 CFR 106.2 still prints the stayed figures, $11,160, $9,525, $47,695 and $4,470, so quoting the regulation produces a number USCIS will reject. None of this is settled: the current amounts rest on a stay rather than a repeal, and DHS proposed a replacement EB-5 fee rule on 23 October 2025 under RIN 1615-AC93.

Governed by USCIS alert, Court Order on Partial Stay of DHS 2024 USCIS Fee Rule, release date 18 November 2025, last reviewed 18 November 2025. That page carries the order date, the case name and number, the court, the holding that the RIA precluded DHS from adjusting EB-5 program fees in the 2024 rule, the instruction that USCIS will accept the fees in effect until 31 March 2024, the note that they were reinstated as of 13 November 2025, and each of the six form amounts. 8 CFR 106.2 for the stayed figures still in the regulation. The DHS proposed replacement rule of 23 October 2025, RIN 1615-AC93, on federalregister.gov. The order itself has no reachable government URL: the govinfo record for the docket is a stub, and the docket is on CourtListener only under the original caption Moody v. Mayorkas, 1:24-cv-00762 (D. Colo.), where the November 2025 order is not among the filed documents.

Where this is explained properly

Pages here that go into moody v. noem rather than mentioning it.

EB-5 Filing Fees After Moody v. Noem: What USCIS Charges Now

Related terms

USCIS filing feeThe amount USCIS charges to file a given EB-5 form. The fees are set by regulation, under 8 U.S.C. 1356(m) and codified at 8 CFR 106.2, but for EB-5 forms the amount USCIS will actually accept is the one in its published schedule, Form G-1055, because the regulation's EB-5 figures are stayed.
Form G-1055Form G-1055 is the USCIS fee schedule, the single document listing the fee currently in effect for every USCIS form, and for EB-5 it is the figure USCIS will actually accept, because the EB-5 amounts printed in 8 CFR 106.2 are stayed and are rejected on filing.
Form I-526EForm I-526E, Immigrant Petition by Regional Center Investor, is the petition an investor files with USCIS to claim EB-5 classification under INA 203(b)(5)(E) for capital pooled in an offering for which a designated regional center has already filed Form I-956F.
Form I-829Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the petition an EB-5 conditional permanent resident files in the 90 days before the second anniversary of that status, asking USCIS to confirm the capital was invested and the ten jobs created and to make the green card unconditional.

Checked against primary sources on 10 August 2026. Back to the glossary