USCIS Confirms Continued Use of Current Fees and Forms

October 1, 2020

A Federal District Court Judge has blocked the Department of Homeland Security (DHS) from implementing new fees and forms, which had been set to take effect October 2, through the issuance of a preliminary injunction. Under the final rule, published in August, employers would have been required to use new forms for several visa types (including H-1B, L-1, O-1), fees would have increased substantially, and the premium processing adjudication time would have increased from 15 calendar days to 15 business days, all as of October 2.

In stopping the government from implementing these changes during litigation, the District Court held that the plaintiffs suing the DHS were likely to prevail in their argument that DHS leadership did not have the authority to issue the rule, and that the increase in fees was arbitrary and did not consider concerns raised by commenters to the rule.

DHS is expected to appeal the decision, but for now, employers will not be required to use the new forms, pay the higher fees, or wait longer for decisions on premium processing requests.

USCIS confirmed via email blast today that it will continue to accept the current versions of forms, as well as the current filing fees, while the rule remains preliminarily enjoined.