USCIS Fee Adjustments and Form Changes Will NOT Go Into Effect on October 2, 2020

This week on September 29, 2020, a California district court stayed the implementation and the effective date of the final rule which adjusted the US Citizenship & Immigration Services (USCIS) fee schedule and required new versions of several forms, stating as one of the reasons that Acting Homeland Security Secretary Chad Wolf was likely improperly appointed. This means that the fee increases, along with form and policy changes, will NOT take effect as scheduled on October 2, 2020. The American Immigration Lawyers Association (AILA) confirmed because of the injunction that on October 2, 2020, applicants “are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A.”

Read more

USCIS Adjusts Fees Effective October 2, 2020

The Department of Homeland Security (DHS) announced a final rule that adjusts US Citizenship & Immigration Services (USCIS) fees by a weighted average increase of twenty percent. The updated fees are effective October 2, 2020, and any application, petition, or request postmarked on or after this date must include payment of the new, correct fee. Since these fees fund nearly ninety-seven percent of USCIS’ budget, the agency claims the weighted increase is necessary to avoid a budget shortfall of an estimated $1 billion per year. “USCIS is required to examine incoming and outgoing expenditures and make adjustments based on that analysis,” Joseph Edlow, USCIS deputy director for policy, said. “These overdue adjustments in fees are necessary to efficiently and fairly administer our nation’s lawful immigration system, secure the homeland and protect Americans.”

Read more

USCIS Proposes to Dramatically Increase Filing Fees   

US Citizenship & Immigration Services (USCIS) announced earlier this month a proposed rule to adjust the fee schedule by a weighted average increase of twenty-one percent. In making the announcement, USCIS noted that unlike most government agencies, USCIS is fee-funded and claims the current fees if left unchanged would underfund the agency by approximately $1.3 billion per year. “USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis,” Ken Cuccinelli, acting director of USCIS, said in a statement. “This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system.” 

Read more