U.S. Immigration Alerts

USCIS Fee Rule Went Into Effect on April 1, 2024 US District Court Refuses to Postpone Implementation

• Effective Monday, April 1, 2024, the new fee schedule for USCIS services goes into effect.
• The USCIS’s fee rule is being challenged by a lawsuit filed in the U.S. District Court for the District of Colorado on behalf of ITServe Alliance, an employer group, and an EB-5 investor.
• The plaintiffs contend that the fee rule was promulgated without adequate notice and comment; that it contravenes the Administrative Procedure Act (APA); that it arbitrarily imposes an Asylum Program Fee in excess of the USCIS’s statutory authority; and that it raised EB-5 immigrant investor fees without consideration of the EB-5 Reform and Integrity Act of 2022.
• The plaintiffs requested injunctive relief from the imposition of the new fees. The judge denied the motion for relief but did not dismiss the plaintiff’s case.
• The new fee schedule can be found at https://www.uscis.gov/frequently-asked-questions-on-the-uscis-fee-rule under the tab, “New Fee Schedule Table.”

SOURCE: Stuart Anderson. Forbes, April 01, 2024: https://www.forbes.com/sites/stuartanderson/2024/04/01/higher-uscis-immigration-fees-take-effect-judge-refuses-to-block/?sh=1552b5782cc6