Title: USCIS Fee Rule Update: Federal Court Issues Partial Stay on 2024 Increases Affecting Green Card and Other Applications
Date: April 24, 2024
Immigrants, legal professionals, and businesses navigating the U.S. immigration system must take note of a significant development regarding the U.S. Citizenship and Immigration Services (USCIS) 2024 fee rule. A recent federal court order has issued a partial stay on the implementation of certain fee increases, originally set to take effect on April 1, 2024. While the majority of the new fee structure remains in place, this judicial intervention provides crucial relief and adjustments for specific application types, particularly those related to green card processing.
Issued on March 11, 2024, the court order temporarily halts the application of new, higher fees for several key immigration forms when filed concurrently with or based on a Form I-485, Application to Register Permanent Residence or Adjust Status. This includes applications such as Form I-129 (Petition for a Nonimmigrant Worker), Form I-765 (Application for Employment Authorization), and Form I-131 (Application for Travel Document). Additionally, the order pauses the new $600 Asylum Program Fee for employers and limits the drastic increase in Premium Processing fees, which would have applied to filings post-February 26, 2024. This development offers a reprieve for many individuals and families pursuing permanent residency.
It is crucial to understand that this is a partial stay. The overwhelming majority of the 2024 USCIS Fee Rule did go into effect as planned on April 1, 2024. Applicants filing forms not specifically covered by the court order, or those filing the affected forms independently (not concurrently with an I-485), are still required to pay the updated, higher fees. For example, a standalone Form I-129 for an H-1B worker or a Form I-140 (Immigrant Petition for Alien Workers) filed separately will still incur the new 2024 fees. USCIS has explicitly stated its commitment to complying with the court's directive while continuing to implement the unchallenged aspects of the fee schedule.
Given this complex scenario, individuals and legal practitioners must exercise extreme diligence. USCIS has updated its fee schedules and filing instructions on its official website. Before submitting any application, it is imperative to consult the latest USCIS Fee Chart (Form G-1055) and the specific form instructions. Incorrect fee payments, even by a small margin, can lead to the rejection of your application and significant processing delays. Staying informed through official USCIS alerts and consulting with an experienced immigration attorney are recommended steps to ensure compliance and avoid potential setbacks in your immigration journey.
The partial stay on the 2024 USCIS Fee Rule underscores the dynamic nature of immigration policy and its direct impact on applicants. While some relief has been granted, the overall landscape of increased USCIS fees remains. Proactive research and careful adherence to the most current fee guidelines are paramount for anyone navigating the U.S. immigration system in the coming months.
