Date AnnouncedJune 25, 2020
USCIS 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]
See Biden administration action below.View Policy Document
Subsequent ActionJune 19, 2020
OMB letter voicing support for USCIS's continued operation and allocation of emergency funding.OMB Letter Supporting USCIS Cost Recovery
Subsequent ActionJune 24, 2020
DHS letter voicing support for USCIS request to Congress for increased funding in the wake of reduced applications due to COVID-192020.06.24 DHS Letter in Support of USCIS
Subsequent ActionSeptember 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).ILRC et al. v. Wolf (N.D. Cal. Sept. 29, 2020)
Subsequent ActionOctober 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.**Northwest Immigrant Rights Project v. USCIS, Civil Action No. 19-3283 (DDC Oct. 9, 2020).
Biden Administration ActionJune 14, 2021
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).Unified Agenda Notice: U.S. Citizenship and Immigration Services Fee Schedule
- OMB Letter Supporting USCIS Cost Recovery
- 2020.06.24 DHS Letter in Support of USCIS
- ILRC et al. v. Wolf (N.D. Cal. Sept. 29, 2020)
- Northwest Immigrant Rights Project v. USCIS, Civil Action No. 19-3283 (DDC Oct. 9, 2020).