Published: Sept. 30, 2020

If you are planning to apply for Optional Practical Training (OPT), you should continue using the 8/25/2020 edition of the Form I-765 and submitting the $410 filing fee until further notice.

Background

United States Citizenship and Immigration Services (USCIS) published a final fee rule on August 3, 2020 that was to become effective 60 days later, on October 2, 2020. The rule specified: "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." The rule also made changes to Form I-765, Form I-129, premium processing, and other fee processing changes. However, on September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule. Read the court's order.

Update

On September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule in its entirety. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the rule, are now on hold while the injunction is in place. Read the court's order

While the rule is preliminarily enjoined, USCIS will continue to:

  • Accept USCIS forms with the current editions and current fees; and
  • Use the regulations and guidance currently in place to adjudicate applications and petitions.