Last Updated on February 23, 2023
Key Points
- Former DHS Secretary Chad Wolf ratified certain regulations on January 14, 2021
- The ratifications include the USCIS Fee Schedule and the Public Charge Rule
- The ratifications have not lifted any injunctions
Overview
On January 14, 2021, former Department of Homeland Security (DHS) Secretary Chad Wolf issued a memo ratifying several measures.
What are the Changes?
Following his resignation as the acting DHS Secretary, Wolf issued a memo ratifying several measures.
Among other actions, Wolf ratified the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements and the Inadmissibility on Public Charge Grounds Final Rule.
Background
USCIS published a Final Rule on August 3, 2020 that significantly increased fees by an average weight of 20 percent. The fee schedule rule added new fees, created multiple fees for nonimmigrant worker petitions, and reduced the number of beneficiaries for certain forms. The fee schedule rule also modified fee waiver requirements, eliminated certain fee exemptions, changed premium processing time limits, and retained some fee waivers.
The Public Charge Interim Final Rule was published on October 11, 2019 by the Department of State (DOS). The rule took effect nationwide on February 24, 2020. The rule was enjoined nationwide on July 29, 2020 due to the COVID-19 pandemic. On August 12, 2020, the injunction was limited to Connecticut, Vermont, and New York. The rule was vacated on November 2, 2020 by a federal district court. That decision was stayed the following day. On December 2, 2020, the rule was enjoined in all regions in the U.S. represented by the plaintiffs.
Looking Ahead
Although Chad Wolf has been granted the power to ratify regulations, no injunctions have been lifted on the ratifications. Any injunctions must be lifted through court decisions.
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Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is the Managing Partner 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.
