USCIS Final Fee Rule 2020 – Key Takeaways

On September 29, 2020, A federal district court issued a nationwide injunction, blocking U.S. Citizenship and Immigration Services (USCIS) from implementing a rule to significantly increase immigration filing fees. The final rule had been scheduled to take into effect Friday, Oct. 2.

The court decision said that that the plaintiffs had raised “serious questions” about the validity of the fee hike because both the previous and current acting secretaries of the Department of Homeland Security (DHS) were unlawfully appointed to their posts. He also said the rule would put low-income immigrants at a severe disadvantage. This preliminary injunction takes effect immediately and shall remain in effect pending trial in the action or further action of this Court.

Background:

On August 3, 2020, The Department of Homeland Security announced a final rule that adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services. Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. The rule, was schedule to be effective October 2, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com