On January 31, 2024, USCIS Published its final rule on fee changes for applications, due to take effect on April 1, 2024 (“New Fee Rule”).
The New Fee Rule can be found in the Federal Register at 89 Fed. Reg. 6,194 (Jan. 31, 2024), and USCIS has published Frequently Asked Questions at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscisfee-rule.
USCIS also published a new fee schedule reflecting the New Fee Rule, available here: https://www.uscis.gov/g-1055. Several forms and instructions will also be updated as a result of the New Fee Rule. Although the New Fee Rule will result in increased fees for many applications, it eliminates most application fees for immigrant survivors of abuse, crime, and human trafficking (“survivors”), without the need to file a fee waiver request.
The New Fee Rule also provides that applications filed online1 where a fee is required are eligible for a $50 discount. This practice alert will explain which categories and forms will be eligible for fee exemptions under the New Fee Rule; address changes to the fee waiver policy that also benefit survivors; and identify some unknowns that need clarification.
USCIS also provided a new guidance how to prepare and submit Form I-912, Fee Waiver.
ALERT: On March 19, 2024, opponents of the New Fee Rule filed a lawsuit in Federal District Court in Colorado, challenging the regulation under the Federal Antideficiency Act and the Administrative Procedures Act. See Moody, et al. v. Mayorkas, et al., Case No. 1:34-cv-00762- REB (D. Colo. Mar. 19, 2024).
At the time of writing, the New Fee Rule is still set to take effect on April 1, 2024, but people should stay tuned for updates as this lawsuit progresses.
Please read more here.
The New Fee Rule can be found in the Federal Register at 89 Fed. Reg. 6,194 (Jan. 31, 2024), and USCIS has published Frequently Asked Questions at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscisfee-rule.
USCIS also published a new fee schedule reflecting the New Fee Rule, available here: https://www.uscis.gov/g-1055. Several forms and instructions will also be updated as a result of the New Fee Rule. Although the New Fee Rule will result in increased fees for many applications, it eliminates most application fees for immigrant survivors of abuse, crime, and human trafficking (“survivors”), without the need to file a fee waiver request.
The New Fee Rule also provides that applications filed online1 where a fee is required are eligible for a $50 discount. This practice alert will explain which categories and forms will be eligible for fee exemptions under the New Fee Rule; address changes to the fee waiver policy that also benefit survivors; and identify some unknowns that need clarification.
USCIS also provided a new guidance how to prepare and submit Form I-912, Fee Waiver.
ALERT: On March 19, 2024, opponents of the New Fee Rule filed a lawsuit in Federal District Court in Colorado, challenging the regulation under the Federal Antideficiency Act and the Administrative Procedures Act. See Moody, et al. v. Mayorkas, et al., Case No. 1:34-cv-00762- REB (D. Colo. Mar. 19, 2024).
At the time of writing, the New Fee Rule is still set to take effect on April 1, 2024, but people should stay tuned for updates as this lawsuit progresses.
Please read more here.
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