California Federal Judge Blocks USCIS Fee Increases
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USCIS Fee Increases: On September 29, 2020, a federal judge for the Northern District of California published a nationwide injunction blocking the United States Citizenship and Immigration Services (USCIS) from executing their fee increase rule that had been set to take impact on 2nd October 2020. The decision denies the DHS (Department of Homeland Security) from enforcing the increased fee rule. While the claim challenging the rule continues to be disputed. Current filing fees will remain in effect until the injunction is lifted.
The USCIS had issued a final rule of the fee increase in August. The American Immigration Lawyers Association and different other non-profit associations filed suits to block the regulation from taking effect. Federal Judge Jeffery S. White has not governed on the merits of the case however issued the injunction while the litigation proceeds.
What Did the USCIS Fee Increases Rule Change?
Employment-based applications saw a noteworthy cost increase with the fee rule. Also, the fee rule exposed them to new applications and processes related to an adjustment of status. Because premium processing time was set to increase to almost three weeks under the fee rule, up from 15 days. Further, the rule also imposed fees for asylum and Deferred Action for Childhood Arrivals (DACA) applications.
Also, employers with more than 50 H-1B and L-1 workers will face higher border security fees when petitioning for employees. The fee rule was subject to criticism, as it was the first time that asylum applications were liable to fees. The DHS remarked that imposing fees for asylum candidates would prevent paltry applications.
The Effect of the Injunction on Employers and Applicants
Petitioners and candidates won’t be subject to the higher fees or forms outlined in the regulation until the injunction is lifted. However, premium processing times stay at 15 days.
Also, Check:[USCIS 2020 Final Rule on Fees, Forms, & Related Changes]
On 30th September 2020, the USCIS published an update affirming that due to the federal judge’s injunction, the fee increase rule won’t yet be executed. USCIS Deputy Director Joseph Eldow remarked, “This shocking decision leaves USCIS underfunded by millions of dollars every business day the fee rule is enjoined.
In contrast to most government organizations, USCIS is fee subsidized. As required by government law, USCIS is fee funded. USCIS conducted a comprehensive biennial fee review and decided that current fees do not recover the cost of providing adjudication and naturalization services.” Also, DHS is probably going to get a stay of the injunction with the United States Court of Appeals for the Ninth Circuit.
