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Original Date Announced
September 2, 2020USCIS issued a policy alert notifying stakeholders that it is revising its guidance regarding forms and fees to align with the USCIS Fee Schedule, effective October 2, 2020.
On or after October 2, 2020, USCIS will only accept new versions of the following forms:
- 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)
- Request for Fee Waiver (Form I-912)
Additionally, USCIS is changing its premium processing timeframe to 15 business days (from 15 calendar days), announces the service fee may be adjusted for inflation, and says it will refund some fees if it does not complete the adjudication within 15 business days.
USCIS revises guidance on forms and fees
USCIS also revises its guidance regarding eligibility for fee waivers, fee payments for adjustment applicants, and procedures for using Signature Confirmation Restricted Delivery (SCRD). [ID #1067]Effective 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 USCIS Fee Rule.
View Document -
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.
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**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 DocumentCurrent Status
Not in effectMost Recent Action
June 14, 2021 Action: Under Study Unified Agenda: U.S. Citizenship and Immigration Services Fee ScheduleJune 14, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Actions: Change in Practice Forms and Information Collection RuleSubject Matter: Immigrant Visas Non-Immigrant Visas Humanitarian NaturalizationAgencies Affected: USCISAssociated or Derivative Policies
- August 3, 2020 USCIS issues final rule increasing fees