DHS Confirms Compliance with Preliminary Injunctions Against USCIS Fee Rule

January 29, 2021 Anne Walsh

Key Points

  • On January 29, 2021, DHS issued a notice of preliminary injunctions against the USCIS fee rule published August 3, 2020 in the Federal Register
  • The document notifies the public of DHS’s compliance with preliminary junctions issued on September 29 and October 8, 2020
  • DHS confirms USCIS is not enforcing the fee rule and is accepting fees and following guidance in place prior to October 2, 2020

Overview

On January 29, 2021, the Department of Homeland Security (DHS) issued a notice in the Federal Register stating its compliance with preliminary injunctions against the USCIS fee rule with effective date October 2, 2020.

What are the Changes?

Along with indicating its compliance with the terms of two court orders on the U.S. Citizenship and Immigration Services (USCIS) fee rule, DHS’s notice states that USCIS will continue accepting petition and application fees that were in place before the fee rule took effect on October 2, 2020. Additionally, USCIS will also continue to follow guidance that was in place prior to October 2 for adjudicating fee waiver requests.

What Should Employers and Applicants Know?

DHS confirms it is complying with preliminary injunctions and will not enforce the changes to  USCIS’s fee schedule, which would have significantly altered some USCIS fees.


Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Managing Attorney at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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