DHS Petition Filing Fee Increase Blocked by Federal District Court

By: Gladys Gervacio and Zoe Mirza

A regulation set to increase United States Citizenship and Immigration Services (USCIS) filing fees on October 2, 2020 has been blocked by a nationwide preliminary injunction issued by a federal district court. The Department of Homeland Security (DHS) rule would have led to significantly higher fees and new forms for many petition and application types, including H-1B, L-1, Adjustment of Status, and others. DHS will likely appeal the injunction.

Due to the injunction, DHS may not enforce the USCIS fee increase rule while the lawsuit is litigated.

The rule would have also led to premium processing timelines of nearly three weeks, up from 15 calendar days previously. Additionally, it would have also imposed increased fees for employers with a high proportion of H-1B and L-1 workers, and asylum seekers.

What this Means for Employers

Employers will not be subject to the regulation’s higher fees, extended Premium Processing times, or new form requirements on October 2, 2020. Chugh, LLP attorneys are closely monitoring the situation and will provide updates as soon as they are available.