NAFSA note: The final rule eliminates the lower fee currently paid by adjustment applicants who are are under 14 years old and are filing with at least one parent; the current fee for those children is $750 but under the final rule they will pay the full fee of $1,130. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters. Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity 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; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof. If the fee is returned as unpayable a second time, USCIS will reject the filing. I-526 Immigrant Petition by Alien Investor, I-539 Application to Extend/Change Nonimmigrant Status (online filing), I-539 Application to Extend/Change Nonimmigrant Status (paper filing), I-589 Application for Asylum and for Withholding of Removal, I-600/600A Adoption Petitions and Applications, I-600A Supplement 3 Request for Action on Approved Form I-600A, I-601 Application for Waiver of Ground of Excludability, I-601A Provisional Unlawful Presence Waiver, I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended), I-687 Application for Status as a Temporary Resident, I-690 Application for Waiver of Grounds of Inadmissibility, I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA), I-751 Petition to Remove Conditions on Residence, I-765 Application for Employment Authorization (Non-DACA), I-765 Application for Employment Authorization (DACA only) 6, I-800/800A Adoption Petitions and Applications, I-800A Supplement 3 Request for Action on Approved Form I-800A, I-817 Application for Family Unity Benefits, I-824 Application for Action on an Approved Application or Petition, I-829 Petition by Investor to Remove Conditions, I-881 Application for Suspension of Deportation or, I-910 Application for Civil Surgeon Designation, I-924 Application For Regional Center Designation Under the Immigrant Investor Program, I-924A Annual Certification of Regional Center, I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant, N-300 Application to File Declaration of Intention, N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing), N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing), N-400 Application for Naturalization (online filing), N-400 Application for Naturalization (paper filing), N-470 Application to Preserve Residence for Naturalization Purposes, N-565 Application for Replacement Naturalization/Citizenship Document (online filing), N-565 Application for Replacement Naturalization/Citizenship Document (paper filing), N-600 Application for Certificate of Citizenship (online filing), N-600 Application for Certificate of Citizenship (paper filing), N-600K Application for Citizenship and Issuance of Certificate (online filing), N-600K Application for Citizenship and Issuance of Certificate (paper filing), G-1041 Genealogy Index Search Request (online filing). Quick-Reference of Final Changes to Fees for Forms Frequently Encountered in Higher Education, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter. USCIS will reject the filing if it is postmarked before October 2, 2020. An applicant who plans to mail or ship their application on or shortly before or after October 2 should check with their international office or an immigration lawyer prior to mailing it, to verify the current status of the lawsuit and its impact on which form version and fee to file. %PDF-1.5 %���� New fees and form versions and other changes associated with the final fee rule that were to be effective on October 2, 2020 and described below are now on hold.
DHS summarizes the final fees in Table 1. ", Accept USCIS forms with the current editions and current fees; and, Use the regulations and guidance currently in place to adjudicate applications and petitions. Read the court's order. The court ordered: An alert posted on the USCIS home page on October 1, 2020 states: "On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule. However, it can be very challenging to properly document the date a commercial courier received the package from the customer. The information below is now presented for reference purposes only while the injunction is in place. The rule specified: "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the rule, are now on hold while the injunction is in place. v. USCIS et al, case #, 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), Changes the premium processing timeframe from 15 calendar days to 15. Application to Register Permanent Residence or Adjust Status. © 2016 Immigrant Legal Resource Center. *Note: The fee for Form I-539/539A is $390 instead of $400 when submitted to USCIS online and not in paper form. However, on September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule. There will be a significant decrease in fee waivers that are issued, except for applicants that are enumerated by statute.
DHS may reject a request that is accompanied by a check that is dated more than 365 days before the receipt date.
However, a separate $30 or $85 biometric fee will be required for certain applications only.
The filing fee for Form I-601A, Application for Provisional Unlawful Presence Waiver will increase from $630 to $960.
", "To request a DACA renewal, DHS will continue to require the $410 Form I-765 fee and the $85 biometric services fee that were in effect before September 5, 2017.". The agency also tried to limit fee waivers by changing the I-912 fee waiver form. 483 0 obj <> endobj See Table 1 (reproduced below) and the Federal Register notice for a complete list of proposed changes to forms and fees and USCIS' rationale for the changes.
Both ask for a preliminary injunction to block implementation of the rule before it takes effect. Application to Extend/Change Nonimmigrant Status. Removes the $30 charge for dishonored payments. A September 2, 2020 USCIS Policy Alert speaks of these form changes. An injunction in that case, City of Seattle v. DHS, has required USCIS to continue accepting fee waiver …
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