Planned Oct. 2 USCIS Fee Increases Enjoined by Federal District Court

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.  These new fees were set to take effect on October 2, 2020. Since then, two lawsuits were filed challenging the fee hikes and related actions. 

On September 29, 2020, the U.S. District Court for the Northern District of California granted a motion for a preliminary injunction filed by eight nonprofit organizations challenging the rule. 

The decision provides: 

1.      Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter. 

2.      Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof. 

3.      This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court. 

Until further notice, petitioners and applicants will not be subject to the higher fees or forms. It is expected that USCIS will issue an update concerning the impact of the order on the new editions of the forms that were to become mandatory on October 2, in conjunction with the fee rule.  

Iandoli Desai & Cronin PC will continue to monitor the situation and provide updates when available.