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Original Date Announced
August 3, 2020USCIS issues a final rule increasing fees by a weighted average of 20 percent and adding new fees, including a $50 fee for asylum applications, and a $1,170 fee for naturalization applications. The rule also establishes multiple fees for nonimmigrant worker petitions, removes certain fee exemptions, limits fee waivers, establishes new forms, and alters premium processing time limits, among other things. The final rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf; the NPRM was signed by Acting Secretary McAleenan.
[ID #1016]
2020.08.03 USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request RequirementsEffective Date
October 2, 2020Subsequent Trump-Era and Court Action(s)
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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.
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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 pending resolution of the matter or further order of the court.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Under Study
June 14, 2021Unified Agenda: 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.
View DocumentBiden Administration Action: Proposed Revocation/Replacement/Modification
January 4, 2023NPRM on USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
On January 4, 2023, the Biden administration issued a proposed rule to rescind and replace the enjoined Trump-era fee schedule that is the original entry. In the NPRM, DHS proposes to adjust USCIS fees, add new fees for certain benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. DHS also proposes additional fee exemptions for certain humanitarian categories and changes to certain other immigration benefit request requirements.
View DocumentCurrent Status
Not in effectMost Recent Action
January 4, 2023 Action: Proposed Revocation/Replacement/Modification NPRM on USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request RequirementsJune 14, 2021Acted on by Biden Administration
January 4, 2023Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT Immigrant Visas Non-Immigrant Visas NaturalizationAgencies Affected: USCISAssociated or Derivative Policies
- June 25, 2020 USCIS proposes cost recovery surcharge
- September 2, 2020 USCIS revises guidance regarding forms and fees to align with USCIS fee rule
- December 18, 2020 EOIR dramatically increases fees for appeals, applications, and motions
Pre Trump-Era Policies
- October 24, 2016 2016.10.24 U.S. Citizenship and Immigration Services Fee Schedule
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
2016 U.S. Citizenship and Immigration Services Fee Schedule
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Subsequent Action
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Subsequent Action
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Commentary
Original Source:
USCIS Fee Hike: How Immigrants Are Affected
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Other
Original Source:
84 FR 67243 (Dec. 9, 2019)
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Other
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
U.S. Citizenship and Immigration Services Fee Schedule
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Biden Administration Action
Original Source:
88 Fed. Reg. 402 (Jan 4, 2023)
Commentary
Boundless - USCIS Fee Hike/ How Immigrants Are Affected
Go to articleAILA: Changes to USCIS Fee Schedule
Go to article on aila.org