September 30, 2020

Federal Judge Blocks USCIS Fee Changes

On September 29, 2020, a federal judge in California ruled to stop the U.S. Citizenship and Immigration Services (USCIS) from implementing its upcoming filing fee changes, which were expected to go into effect for petitions and applications filed on or after Friday, October 2.  The ruling prevents the new fees from being implemented nationwide, pending the outcome of a lawsuit challenging the fee changes.

The adjusted fees would have increased filing fees for many immigrant and nonimmigrant applications and petitions, including H-1B, L-1, and O-1 petitions, and N-400 applications.  The Chicago Sun-Times reported earlier this week that Chicago-area immigrants were scrambling to submit citizenship applications before the fee for naturalization applications was scheduled to increase more than 80 percent.  

USCIS was also planning to charge asylum-seekers a $50 fee to apply for protections as well as the standard fee for employment authorization applications, which would have made the U.S. one of only four countries that charges filing fees for asylum seekers.

Many immigration activists praised the ruling, arguing that increased fees would have discouraged people from applying for naturalization or other immigration benefits.  USCIS said it was reviewing the ruling, but otherwise did not comment. Until there are any further updates we will continue submitting filing fees for petitions and applications under the current fee schedule.