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Original Date Announced
June 25, 2020USCIS proposes a surcharge of 10% to applications in order to repay the $1.5 million of emergency funding requested from Congress on May 15, 2020. USCIS predicts the drop in applications due to the COVID pandemic will produce a "crippling budget shortfall." [ID #1035]
Go to article on uscis.govSubsequent Trump-Era and Court Action(s)
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June 19, 2020
OMB Letter Supporting USCIS Cost Recovery
OMB letter voicing support for USCIS's continued operation and allocation of emergency funding.
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June 24, 2020
2020.06.24 DHS Letter in Support of USCIS
DHS letter voicing support for USCIS request to Congress for increased funding in the wake of reduced applications due to COVID-19
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September 29, 2020
ILRC et al. v. Wolf (N.D. Cal. Sept. 29, 2020)
On September 29, 2020, N.D. Cal. granted a preliminary injunction, staying the implementation and effective date of the August 2020 Final Rule, which had encompassed the proposed surcharge (see Associated Policy below).
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October 9, 2020
Northwest Immigrant Rights Project v. USCIS, Civil Action No. 19-3283 (DDC Oct. 9, 2020).
On October 9, 2020, D.D.C. granted a preliminary injunction, staying the effective date of the Final Rule, which had encompassed the proposed surcharge (see Associated Policy below), pending resolution of the matter or further order of the court.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Under Study
June 14, 2021Unified Agenda Notice: U.S. Citizenship and Immigration Services Fee Schedule
This notice made known the Biden administration's intention to rescind and replace the Trump-era policy identified in this entry.
DHS issued a Uniform Regulatory Agenda notice announcing its intention to propose to adjust the fees charged by USCIS for immigration and naturalization benefit requests. This proposed rule would rescind and replace the changes made by the August 3, 2020, rule and establish new USCIS fees to recover USCIS operating costs. The August 2020 rule had encompassed the proposed surcharge (see Associated Policy below).
View DocumentBiden Administration Action: Proposed Revocation/Replacement/Modification
January 4, 2023U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
"In this rule, DHS proposes to replace the 2020 fee rule in its entirety by revising the regulatory changes codified by the enjoined 2020 fee rule. Certain changes in the 2020 fee rule are proposed to be retained by being republished."
View DocumentBiden Administration Action: Under Study
February 24, 2023U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements; Extension of Comment Period
Extension of comment period for January 2023 NPRM above.
View DocumentCurrent Status
Not in effectMost Recent Action
February 24, 2023 Action: Under Study U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements; Extension of Comment PeriodJune 14, 2021Acted on by Biden Administration
January 4, 2023Acted on by Biden Administration
February 24, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Action: LegislationSubject Matter: Immigrant Visas Non-Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies
- August 3, 2020 USCIS issues final rule increasing fees
Documents
Trump-Era Policy Documents
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Subsequent Action
Original Source:
OMB Letter Supporting USCIS Cost Recovery
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Subsequent Action
Original Source:
DHS Letter in Support of USCIS
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Subsequent Action
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Subsequent Action