On September 29, 2020, a judge from the Northern District of California issued a nationwide preliminary injunction and stay preventing the Department of Homeland Security (DHS) from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.
- New fees and form versions (including the Form I-765) associated with the 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.
The lawsuit filed by the American Immigration Lawyers Association will prevent the fees for I-129 petitions for H-1Bs and I-765 applications typically used for OPT from increasing by 21 percent and 34 percent respectively.
While the rule is preliminarily enjoined, United States Citizenship and Immigration Services (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.
CU’s national partners, led by the American Council on Education, submitted comments on the rule in December, which called the proposed fees “excessive” and “burdensome” for international students and faculty. Of note, DHS already elected to omit fee increases for DACA recipients proposed in the draft rule from the final version, presumably in response to public feedback.