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USCIS Filing Fee Changes Halted as of 9/29/2020

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Immigration Support

United States Citizenship and Immigration Services (USCIS) Deputy Director of Policy Joseph Edlow published the following statements about USCIS Filing Fee Changes. In response to the U.S. District Court for the Northern District of California giving a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.

This implies the new regulation, with the new USCIS filing fees, new premium processing timetable, some changed USCIS forms, etc. Also, it is not going to affect as initially planned on 2nd October 2020.

What Does This Mean for My Case?

In case, if you have already filed a migration case, then your case isn’t affected.

  • On the off chance that you have a case with Sumner Immigration Law and we showed that we would file the petition or application before the fee change came into effect. Still, we are planning to file on or before 1/10/2020.
  • If you have planned to file a case on or after 10/2/2020, for example, yet not restricted to an employment-based I-485 filing. As of today the current fee structure, not the new fee structure, should apply to your case.

USCIS Filing Fee | More specifically, that means:

  1. The I-485 fee remains $1225, including the EAD and AP (no separate fees for the EAD and AP).
  2. H-1B and L-1 extensions for employers with more than 50 employees, and at least half of those on H-1B or L-1 will not have to pay the public law fee ($4,000 for H-1Bs, $4,500 for L-1s) for H-1B/L-1 extensions.
  3. The N-400 fee remains $725, not the almost doubled new fee.

<<October 2020 Visa Bulletin>>

Is this permanent? If not, how long will the current fees be in effect?

This is not a permanent judgment. The claim, brought by various associations against DHS and USCIS is as yet continuous. Further, it is possible that USCIS/DHS would appeal to this injection. The federal court allowed the injection because they find that all things considered, the organizations that brought the suit will succeed in the lawsuit, yet that isn’t guaranteed. That is, it is possible that in the future, the court could conclude that the USCIS filing fee structure will be implemented. It is absolutely impossible to tell now when or if that will occur

So what fees should I submit with my filing?

However, as long as this injunction is effective, at present the current fee structure will apply. In any case, you should confirm with us, or another qualified immigration lawyer, before making a move. The provided information above is for educational purposes only and it is not legal advice. Continuously we will update to our customers and contacts on further developments.

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