Recent Update: On 29th September 2020, the U.S. District Court for the Northern District of California gave a nationwide preliminary injunction and stay on implementation of the USCIS 2020 final fee rule in its entirety. New expenses and form versions related to that rule should have been required on October 2, 2020. As well as all different aspects of the rule, are presently on hold. Read the court’s order below.
- “Pursuant with 5 U.S.C. s 705 the Court STAYS implementation and the significant date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (3rd August 2020) (the “Final Rule”) completely pending the last adjudication of this issue.
- As per Federal Rule of Civil Procedure 65, Defendants Wolf, in his official ability 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; Department of Homeland Security & USCIS, and all individuals acting under their leadership, ARE ENJOINED from implementing or executing the Final Rule or any segment thereof.
- This preliminary injunction and stay will produce results instantly and will stay in effect pending trial in this action or further of this Court.”
USCIS 2020 Final Rule: Background
USCIS issued a last fee rule on 3rd August 2020 that was to become effective 60 days later, on October 2, 2020. The rule indicated: “Any application, petition, or request stamped on or after this date must be accompanied with the expenses set up by this last rule.” Also, the rule made changes to Form I-765, Form I-129, premium processing, and other fee processing changes. However, on 29th September 2020, the U.S. District Court for the Northern District of California published a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule.
The new fee, form versions, and different changes related to the last fee rule that should be effective on 2nd October 2020 and explained below are currently on hold. The data below is now given for reference purposes only while the injunction is in place.
A candidate who intends to mail or ship their application on or shortly before or after October 2 should check with their international office or a immigration legal counselor prior to mailing it, to confirm the current status of the claim and its effect on which form version and fee to file.
Final Rule, issued in the Federal Register at 85 FR 46788 (3rd August 2020), set to become effective 2nd October 2020 but implementation is now enjoined by court order.
On 2nd September 2020, USCIS updated the USCIS Policy Manual to reflect changes from the fee rule. Also, the changes communicated in a September 2nd USCIS Policy Alert. The policy alert expresses that in addition to the expense and other policy changes:
“For submissions on or after 2nd October 2020, USCIS will only accept the 10/02/20 edition of the following new or existing forms:
- Petitions for H-2A and H-2B Workers (Forms I-129H2A and I-129H2B)
- Request for Fee Waiver (Form I-912)
- Petition for Nonimmigrant Worker: L Classification (Form I-129L)
- Application for Nonimmigrant Worker: E and TN Classification (Form I-129E&TN)
- Petition for Nonimmigrant Worker: O Classification (Form I-129O)
- Request for Action on Approved Form I-600/I-600A (Form I-600/I-600A, Supplement 3)
- Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification (Form I-129MISC)
- Application for Employment Authorization (Form I-765)
- Petition for Nonimmigrant Worker: H-1B or H-1B1 Classifications (Form I-129H1)”