CENTER CITY MALL, 301 Main Street, Suite 401, Paterson, NJ 07505 info@iacoimmigration.org

Temporarily halting the implementation of the new fees USCIS

  • News

The United States District Court for the Northern District of California accepted the motion for a preliminary injunction filed by eight non-profit organizations that provide immigration services to low-income applicants. The judge who took the action pointed out that the Department of Homeland Security, DHS, did not have the authority to issue the rule, since its director had resigned and that as of the date the rule was signed, no other person had been officially replaced. to take office. On the other hand, the judge accepted the argument that the government pushed to increase rates arbitrarily without considering the negative impact that the rule would have on low-income immigrant populations and those seeking political asylum.
According to the court order, the court stated:

  1. The blocking of the final rule, in which the rate increase would be implemented as of October 2, 2020.
  2. Pursuant to Federal Rule of Civil Procedure 65, USCIS will not be able to implement or enforce the Final Rule or any part of it. This means that you can continue to send petitions with current costs and that immigration will not be able to require new forms dated 10/02/2020 for the following categories:

• Petition for Nonimmigrant Worker: H-1B or H-1B1 Classifications (Form I-129H1)
• Petitions for H-2A and H-2B Workers (Forms I-129H2A and I-129H2B)
• Petition for Nonimmigrant Worker: L Classification (Form I-129L)
• Petition for Nonimmigrant Worker: O Classification (Form I-129O)
• Application for Nonimmigrant Worker: E and TN Classification (Form I-129E & TN)
• Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification (Form I-129MISC)
• Request for Action on Approved Form I-600 / I-600A (Form I-600 / I-600A, Supplement 3)
• Application for Employment Authorization (Form I-765)
• Request for Fee Waiver (Form I-912) Once effective, these updates replace Chapters 10.9

  1. This preliminary measure takes effect immediately and will remain in effect pending final judgment.

However, it goes without saying that this is a temporary measure and that it may change in the coming months.

Back To Top